Understanding the Legal Rights in Visitation Disputes

If a court order has not already been issued, it is highly unlikely that your siblings have the legal authority to prevent you from visiting your severely bedridden mother. This is a fundamental right as her child, unless your mother has expressed otherwise through a legal document. It is important to tread cautiously and consider speaking with your siblings about specific visitation dates and times to ensure that you are not causing any unnecessary inconvenience.

If communication with your siblings fails, consider pursuing legal action on the grounds of parental alienation. For instance, during the pandemic, my sister-in-law attempted something similar, and although we did not ultimately sue her, it was a consideration. Fortunately, she lived out of state, allowing us to visit our mother-in-law to help her recover when she fell ill with COVID. Your circumstances might be different, but seeking legal advice is always a prudent step.

Why Visitation Rights Are Important

Your sibling has no legal control over when or if you visit your mother, provided you are not at risk to them or others in the household. It is crucial to proceed with consideration for your family members' well-being. Raised voices or aggressive behavior might prompt security intervention.

Seeking Legal Advice and Resources

The American Bar Association (ABA) has published a article on their website that addresses your exact situation, as well as others. The article is titled 'Guardianship and the Right to Visitation.' In it, it is explained that regardless of who sets themselves or is appointed as a guardian—be it by the family or the court—such a person does not have the authority to prevent you from seeing your mother or other close relatives.

Medical professionals recognize the importance of maintaining connections with friends and family, especially for elderly or seriously ill individuals, as a key factor in maintaining mental health. If the guardian is court-appointed, they might request prior clearance for visits in critical situations. However, in most other cases, regular visits are encouraged, and prior notification is often preferred to avoid conflicts with schedules. Regular visitation schedules can be established to facilitate smoother interactions.

Conclusion

In conclusion, while your siblings might have strong feelings about your visits, it is important to understand your legal rights and consider seeking professional legal advice. Whether through gentle communication or legal action, your right to visit your mother should be respected. Always prioritize open dialogue and consider the best interests of your mother and family.