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We have our father in a state nursing home.myoldest brother…

We have our father...

We have our father in a state nursing home.myoldest brother is his legal guardian and we both Rae able to make medical decisions on his behalf. My brother requested that the home go through me for his care be cause I live in the community of this home. My brother lives a couple hours away, so he asked them to call me first and comunicate with me daily.my brother and I talk weekly or more about all of dads care. Our father has sever dementia. And is in hospice care. The corpers

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Corporate offices of the home says this cannot be done.How do we make this a workable situation. I am retired ,but my brother still works for himself and can be available daily.He also can only see our father

Lawyer's Assistant: Has anything been filed or reported?

About once a month and can not stay on top of Dads daily care.We have been doing this with great success for 2 years,

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It has worked well with the facility and we as a family Thank you

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Answered in 7 minutes by:
1/16/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 40,014
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Are you saying that the nursing home won't communicate with you regarding father's condition and care even though you are co-medical POA with brother?

.

And he is father's legal guardian after being appointed by a judge to that position?

.

.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 40,014
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
They are saying the nursing home is to go straight to my brother for any care for our father.
Joycelaw
Joycelaw, Attorney
Category: Legal
Satisfied Customers: 102
Verified
Phone call session started

Ok, if he has been appointed as legal guardian, that trumps a medical POA and he is the only one that they have to listen to or report to.

.

With that said, the way to change this is for him to file a motion to resign as guardian over father and you file a motion at the same time to be appointed guardian. Assuming there are no issues that would prevent you from being guardian, then the judge should just agree to switch guardians since you are closer and are better able to monitor things.

.

.

thanks

Barrister

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Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 40,014
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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