If I do not have guardianship, do I have any say over where my grandmother lives?

1 answer | Last updated: Jun 22, 2010
Grandma's girl asked...

My grandmother's son has guardianship over her. He has placed her in a substandard nursing home in Indiana. He claims he placed her there to teach her a lesson so that she will do what he says. She is miserable and wants to go home. I do not want my grandmother there and I am willing to go and get her to live with me in Las Vegas. Is there anything I can do?


Expert Answers

Barbara Repa, a Caring.com senior editor, is an attorney, a journalist specializing in aging issues, and the author of Your Rights in the Workplace (Nolo), now in its 10th edition.

Guardianships are generally not given lightly. So before your grandmother's son--your uncle?--was authorized to become her legal guardian, it is likely that a court was convinced that he would act in her best interests.

Some guardians, however, after being appointed, realize they are not good candidates for the job. And it does sound as if her guardian is either weary of the job, or ill suited to take it on in the first place. You may be able to convince him that you are willing and able to take over for him, and he might actually be relieved by the news. The change would then involve filing fairly simple paperwork with both the Nevada and Indiana courts, if that is where the guardian got his authorization.

Otherwise, you would need to petition the court and prove that the guardian is unfit for the post, which would take some pretty strong evidence of abuse or neglect--more than just your feeling that the Indiana spot is substandard. You would also likely need to hire a lawyer for help with the process.