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Yes and no. You are responsible, but the question is what does that mean? If you take reasonable steps to try to figure out what is best for your mother –- talking with her, with her physician, and with local elder care professionals –- and then make a decision to let her stay at home, and something goes wrong, you will not be at fault (unless, of course, they are all unanimous that your mother cannot stay home). And then, what is the penalty, if you are found not to have acted with reasonable care? It’s that you would be removed as guardian. You know your mother best, and we would recommend that you use your best judgment after consulting with appropriate professionals.
For more about guardianship and conservatorship, click here.
Local Elder Law Attorneys in Ashburn, VA
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...
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...