Elder Law Answers
Will Medicaid Have a Claim on My Mother-in-Law's Interest in Our House?
My mother-in-law is on the deed to my wife's and my home. If she moves into a nursing home, will Medicaid try to cla...
Read moreDoes a Guardian Have a Say in Whom I Choose to Date?
- March 26th, 2024
Q
If a person lives in a group home and is able to care for herself with some basic assistance, are they allowed to date whomever they want without the guardian interfering?
A
That’s a tough one and the answer probably depends on the circumstances. Guardians have a duty to protect the person they are appointed to look after, but they are supposed to do so with the lightest hand possible and to interfere as little as possible in the individual’s personal autonomy. So, perhaps the answer is not that they are allowed to date “whomever they want,” but that the guardian should not interfere unless there’s a real and foreseeable risk.
Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.