Hello,
is she ready to go with you?
regards
Custody of ailing mother
After my father expired , my mother was staying alone for last few years . Last year my mother suffered brain stroke , me and my brother came and looked after her. I had to go back but my brother had to stay , later his wife also shifted . They had been staying separately all these years and his wife never used to come to look up my parents. Now my brother is not letting me take my mother with me as she is not getting proper attention here. Her health is deteriorating and is confined to her room and made to confine to her bed only. He is only interested in her pension . I want to take her with me and get her proper treatment done. Please guide.
Asked 6 years ago in Family Law
Religion: Hindu
14 Answers
You can file a petition for your appointment of legal guardian of your old mother from the court. Any competent person may be appointed guardian for an incapacitated person. The appointee might be the spouse, an adult child or parent of the ward, or any responsible adult with whom the ward is residing.
you can file petition seek court orders to be appointed guardian of your mother
2) mention that your brother is refusing to permit you access to mother she is confined to bed only
She is not in a condition to make any decisions. Her mobile, passbooks are taken by my brother. He and his wife have taken control of her house. My visiting her has been made difficult , difficult speaking to her on phone. My kids are not able to meet her. My brother doesn't have a regular income , he is not letting her go , thinking I might get some papers signed by her. She is suffering psychologically too , not getting regular medical care.
Asked 6 years ago
You will have to file an injunction suit and get direction from the court, for the same.
Regards
You can take these pleas in your guardianship petition wherein the court can order her to be produced and her medical examination can be done as well as her statement can be recorded in the court.
You can also so take the assistance of the local police in getting your mother out of his house if he is forcefully keeping her against her will.
contact a local lawyer . take court orders to permit you access to your mother
First make a complaint to police for any kind of I'll treatment to your mother and prohibiting you and your family members from visiting your mother. This will help you in visiting your mother.
Further file a civil suit for taking custody of your mother for proper care and attention stating her present physical and mental conditions and also of the fact of her not getting adequate care and attention from your brother.
Hope you will succeed. In case of any difficulties consult with some good lawyers.
Complain to police than she has been kept house hostage and confined to single room with no possibility of fresh air and proper treatment.
Or can also file application is court for custody of mother.
See first and fast option is talk to your brother that he can take pension and let your mother be with you if he is not agreeing file a application before the district court to appoint you as guardian of your mother take decision of her health
Sir in this condition you have to approach the district court there is no other way out.
You can move to the family Court with petition of custody of ailing mother.
State the required reasons so that the court decrees in your favour.
You can take help of senior citizens Act and take the custody of her to take appropriate care
if an adult is unable to manage their own affairs, legal heirs or close relatives can apply to the court for appointed as guardian. you can apply for guardianship.
Dear Client
You should file petition in court for getting custody of your mother as guardian of your mother and in this petition you should mention that your brother doesn't have capacity to take care of your mother
And he has confined her to a single bed and also taken every means of contact with outer world and also doesn't let you access your mother.
Get interim orders from court to get access to your mother before getting custody orders.
