I'm my father's caregiver, his sister has guardianship. He owns the home, I've been living with him for over 7 years. She was granted guardianship last year.
His sister recently talked about getting cameras installed in the home. I don't want them installed as I feel like its an invasion of privacy.
From a legal standpoint, can the person with guardianship get cameras installed IN a home that she doesn't own, live in and rarely visits? Or does guardianship make her the home owner?
I would think the custodial guardian could usually put up any camera in any common living area of the principal's home and many private areas, transmitting the video to an off-site location. We allow many video feeds today for security purposes and state laws will usually have the biggest limitations. Someone living in the home has some rights to areas they use exclusively, but please remember you do not have a _right_ to live in the home even if you have been living there for several years. If you become a problem to the principal's care or the guardian's administration you could be denied the opportunity to live in the principal's home or even visit there. The ownership of the property does not change with guardianship, but the decision-maker over the property usually does.
2. Can your father make desicions?
3. If you live there and are his caregiver, how come she is his legal guardian?
4. I'm beginning to think the cameras are to monitor everything including your moves.
i had the same question does the father need a guardian to begin with and if he does the daughter should automatically be the one to be that
this has the smell of control and money to me any relative who lives long distance but wants to have cameras and be the guardian yet rarely visits is concerned about more times than not getting hands on his money.
the daughter should seek legal counsel ASAP and if he needs a guardian she should have that sister removed clearly she doesn’t care about him if she rarely bothers to visit
If I had known I would have basically no say so about what goes on in the house, I would have never agreed to allow her to have guardianship as I wouldn't have showed up to the guardianship hearing that my siblings attended.
This is already happening because you provide 24 hour care for him and the two of you live together.
Your aunt has no right to install cameras and to watch you. It is not her home. You are not her employee that she hired to be her brother's caregiver. She needs to be made aware of this. I don't see why she is your father's guardian when you are his daughter and his caregiver. That is a mistake and should be corrected as soon as possible.
cameras generally can not be installed where you would expect privacy. So if you have a room the camera can not be installed there. In general cameras can not be installed in bathrooms.
In many states if audio is recorded all parties need to agree to recording of audio.
If you do not want cameras to record you and the Guardian insists on installing them give notice and leave.
I do hope you have been paid for all the years that you have been caregiver. AND room and board is NOT payment
The law is on your side on this one.
I would consult w several attorneys to find out bc I wouldn’t go along w her wanting to put cameras in a home you and him live in he is your father. Your considered closer than a sibling
Does he even need guardianship?
if so your by far his closest relative not her, she doesn’t show a sincere interest in him beyond having control. If he truly needs a guardian get an attorney and have her removed she’s shown no sincere interest in him as a person if she rarely visits and given your his daughter are much closer to him anyway plus your at an advantage having lived w him this long acting as his caregiver
If it were me that would be a hard NO.