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Can the State Try to Get Guardianship of a Nursing Home Resident's Child?
Can the state sue my elderly mother in the nursing home for guardianship of her Down syndrome child?
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.
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