“I showed up on Jan. 27 to visit my mom and was told to leave by the administrator,” Ms. Bush told PacerMonitor. “When I called the police to report the visitation ban, I was assaulted by the officer.” Ms. Bush blames her mother’s court-appointed guardian Carol Hershey, who reportedly sent a letter stating Ms. Bush could no longer visit.
In most states, it is not uncommon for the elderly to lose their individual rights around residence, visitation, medical care, assets and property once they become a ward of the state under a court-ordered guardianship.
The younger Ms. Bush filed Bush v. Goodall on March 28, 2017, in the Eastern District of Pennsylvania after state court dismissed Ms. Bush’s petitions on two occasions.
“There’s no legal remedy in our state courts,” said Ms. Bush in a phone interview. “I want to stop Park Lane’s violations of mother’s resident rights, her rights under the nursing home reform act and my constitutional rights of association and communication with my mom.”
Ms. Bush is among a rising number of adult children of elderly parents confined to nursing homes who are seeking relief in federal court from state guardianship-related proceedings.
Full Article and Source:
Elder Guardianship Cases Winding Their Way up to Federal Court
