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Can the State Try to Get Guardianship of a Nursing Home Resident's Child?

  • August 28th, 2014
Q
Can the state sue my elderly mother in the nursing home for guardianship of her Down syndrome child? 
A

Yes and no. A guardianship action is not a suit against someone. Rather, it’s an action for the protection of someone who cannot take care of herself. In bringing the action, the state or an individual would have to give notice to your mother as next of kin so that she, at least in theory, would have the right to appear in court and contest the action.

For more about guardianship, click here.

Local Elder Law Attorneys in Ashburn, VA

Mindy Felinton

Felinton Elder Law & Estate Planning Centers
Rockville, MD

William Fralin

The Estate Planning & Elder Law Firm PC
Bethesda, MD

Jean Ball

Hale Ball Carlson Baumgartner Murphy PLC
Fairfax, VA


Last Modified: 08/28/2014

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