Elder Law Answers
Can My Nursing Home Prevent Me From Leaving to Visit Family?
I live in a nursing home in New Jersey. I left the facility to visit family approximately 18 days this year. N...
Read moreDoes My Stepfather Have a Legal Right to Prevent Me From Seeing My Mother?
- November 7th, 2014
Q
My mother has dementia and lives at home with my stepfather. He will not let two out of my mother's three children see or visit her. I want to know if I have legal rights to see my mother and, if so, how do I go about doing it?
A
While you will need to check your state’s laws to be certain, the general answer is no, you personally have no legal right to see your mother. However, she has the right to see you if she wants, and you may intervene if she is not safe. In terms of your mother’s desires, they may be difficult to determine under the circumstances. If you think your mother is not being well cared for, there are two possible ways to intervene. First, you can find out if there is an Adult Protective Services agency in your community and make a referral to it. Second, you can go to court to seek guardianship over your mother.
For more on guardianship, click here.
Local Elder Law Attorneys in Ashburn, VA
Meet Margaret O'Reilly
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Margaret O'Reilly
Margaret A. O'Reilly, PC
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
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Meet Ron Landsman
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Ron Landsman
Ron M. Landsman, P.A.
Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...
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Meet Judith Mitnick
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Judith Mitnick
Needham Mitnick & Pollack, PLC
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
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