The bottom is line is that if your mother is legally competent she can choose where she wants to live. She is presumed to be legally competent until a court determines that she is not. If she moves home and protective services becomes involved, they will determine whether she is safe. If they feel she is not safe, they may institute guardianship proceedings to determine her competency and to have someone appointed to make decisions for your mother. I would recommend that you and your mother follow one of two courses: First, your mother can consult with an elder law attorney who can advise her of her rights and make sure they are protected. Alternatively, the whole family can meet with a mediator to get all issues on the table and to seek a resolution that satisfies everyone. Good luck.
Subscribe to the Knowledge Bank.
