QUESTION
How do I stop my sister from placing my mentally disabled sister in a nursing home when I am more than willing to take her?
Asked on Jan 13th, 2014 on Family Law - Utah
More details to this question:
I have a mentally disabled sister who has recently had a stroke and been diagnosed with dementia. I am more than willing to take her but my sister won't allow me to.
3 ANSWERS
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If your sister is the court-appointed guardian, you can only go to court and ask to replace her. If your sister is only operating under a power of attorney, you can go to court and ask to be made the guardian.
Answered on Jan 15th, 2014 at 6:06 AM
You could file with the court to be her conservator, of the person and her assets.
Answered on Jan 14th, 2014 at 6:08 PM
You can go to court and file a petition to obtain a guardianship, and if necessary, a conservatorship over your sister and her assets. A guardianship deals with making decisions for an incapacitated person. A conservatorship deals with handling money and assets belonging to the disable person. If your sister is already the guardian for the disabled sibling, you would need to petition the court to terminate the guardianship of your sister and to give you the decision making powers over your disabled sister.
Answered on Jan 14th, 2014 at 5:49 PM