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My grandmother is in a nursing home and has been declared mentally incapacitated. My aunt had control of her money and has lost it and was told she had to become a conservator to regain control. My aunt wants to take her out of the nursing home but the rest of the family wants to keep her in because she has broken her hip twice and needs 24 hour care.With her being incapacitated, does the nursing home have power over her staying there or will my aunt be able to take her out when she becomes conservator. Or will she just have power over her finances? Not sure at all how this works.

2007-02-19 11:49:57 · 3 answers · asked by Angela F 5 in Politics & Government Law & Ethics

3 answers

The same person(s) can be appointed conservator and guardian. The court does this. Also, the court requires that the guardian/conservator report to the court annually. No, the nursing home has no "say" over where your mother goes or stays. Her guardian would make those decisions after consultation with people such as her physician and her family.

We went through this with my father. He actually was able to sign for himself and appoint his two children as his co-guardians & conservators. This made the court's appointment fairly simple (it's a little more complicated if she can't sign for herself). The court appointed a guardian ad litem to represent him during the process. One of his children became his personal representative for social security purposes. Whenever we decided to sell an asset such as the house, we had to petition the court. Annual reports of what funds were received and spent and how they were spent were required.

Anyhow, your first step is to hire a lawyer.

2007-02-19 12:12:12 · answer #1 · answered by Kraftee 7 · 1 0

A conservator only has power over the finances. A guardian has power over the person.

2007-02-19 11:52:48 · answer #2 · answered by David M 7 · 1 1

No, your powers a conservator not have. Geez...!

2007-02-19 12:13:56 · answer #3 · answered by rico3151 6 · 0 1

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