Can a sibling in Florida force a parent to move to New Jersey?

Full question:

Does a younger sibling in Florida have legal options to force me to move our older parent to New Jersey where I reside? If so, do I have legal options to prevent this or prevent my sibling from deserting my parent? They have lived alone in separate residences in Florida for many years and my parent (80's) is healthy, clear minded, and independent and is eligible for future assisted living benefits in their hometown but not in New Jersey.

• Category: Guardianship
• Date: 04/07/2025
• State: New Jersey

Answer:

Generally, children are not legally responsible for their parents unless a guardianship or power of attorney is established. A guardianship is a legal arrangement where a person is appointed to care for an adult who is deemed incapacitated. To create a guardianship, a petition must be filed in the state court where the parent lives. This petition identifies the proposed guardian and includes relevant information about the parent and their family. If the petition is based on mental incapacity, it should include medical documentation.

Interested parties, including the parent, must be notified of the hearing. The court will evaluate whether the parent is incapacitated and if guardianship is necessary for their care. Incapacity can arise from various conditions, including mental illness or physical disability. The court must be convinced that the parent cannot make responsible decisions.

In Florida, guardianship laws emphasize the least restrictive form of guardianship, allowing individuals to maintain as much independence as possible (Fla. Stat. § 744.101). Guardians are responsible for the personal care and estate of the ward and must submit reports to the court. They cannot place the ward in a nursing home without court authorization.

If your sibling attempts to force a move or abandon your parent, you may contest any guardianship petition or seek legal advice to protect your parent's interests and independence.