Family Law Questions? Ask a Family Lawyer Online.
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I am very sorry to hear of this situation. Unfortunately, as guardian of the person - your niece has the legal authority to make this decision.
You can challenge her decision by filing a petition with the court (a motion) asking the court to grant you leave to take your father out of the nursing home.
But short of doing this, I would suggest that you look into mediation - a good mediator should be able to help you reach a mutually agreeable resolution here without having to go through the time and emotional toll of a court petition just to take your father out for a few hours regularly.
You can find mediators by contacting your local bar association and asking for referrals - these can be experienced attorneys, retired judges, or professional mediators (non-attorneys). For your situation and matter, it probably would not require a legal professional to assist you in resolving this dispute, you really just need an experienced mediator who can help the two of you work through whatever issues it is that is currently causing the problem and blocking you from taking your father out.
If the mediation fails, then you can file your motion with the probate court.
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