Is it legal for persons with Guardianship to install cameras in the wards home? Privacy invasion?

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Is it legal for persons with Guardianship to install cameras in the wards home? Privacy invasion?

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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?

Elder Law Family Caregiver Guardianship

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I am pretty sure s guardian can do whatever if they are operating in the best interests of their ward. States have differing laws concerning audio and visual monitoring, so you need to check in your father's state of residence. Your living there is another variable so she may not have the right to put them in your dedicated living area, just common areas, but again, not sure. In my state it is legal as long as people are notified in advance and I don't know about non-shared living areas. I'm not sure if there are limitations (like in the bathrooms), but you need to inquire for his state. I think you can search it online.

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I've been doing research haven't found a true answer yet.

I don't want cameras installed in the home AT ALL. She has OCPD rarely even visits the home and wants to install cameras.

Its tricky finding information online, I only find information about tenants and landlords involving cameras and she's not the landlord.

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Just curious, how did she get guardianship and not you? You could have contested it. Dad's money could have been used for you to get guardianship if u won.

Call Legal Aid and ask them if camera's would be allowed. Especially in your living area.

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A sibling of mine and I agreed to allow her to have guardianship. Mainly because my dad would be "state property" if nobody took it, and because I'm no longer working in order to take care of him I didn't have the almost 4000 dollars it took to obtain it.

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Call the court that granted the guardianship.

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She can't install cameras just to satisfy her own curiosity, or even to compensate for her own inability to organise regular contact with her ward/brother.

Does she say why she wants the cameras there? If she has a good reason, for example... I can't think of one at the moment that seems likely when you're living with him and she has no objection to that.

But anyway - if she can demonstrate that it is in your father's best interests to monitor the home she probably does have the legal authority to set them up.

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In the U.S. I don't think it matters what your reasons are, just whether or not it is legal to film or record and what notification one has to do, depending on their state's laws. "Curiosity" could mean one is watching out for theft, which is a legitimate reason. It's creepy, none the less.

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Goodwill, I can think of 2 sources to research:

1. The guardianship Order, which in my recollection from decades ago typically has at least a general synopsis of a guardian's responsibility and authority; and

2. State law on guardians' authority. Your profile doesn't indicate the state in question, so I can't check that out.

On your last question, guardianship does not change land or ownership, unless it's specifically specified in the guardianship order and a deed is recorded transferring title.

What specifically was the reason for appointing a guardian, and what does the order provide in terms of authority?

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When I had complete guardianship of my father with vascular dementia, I was allowed to act in place of my father, taking any actions he could have taken himself, including putting up any cameras my father would have been allowed to install in his living space. I could put up cameras in his bedroom and bathroom but there were restrictions on what I could do with the feed (in state law) - both how long I could retain the video and who I could allow to see it. If there is a question over what cameras can be installed or how they can be used, you can file a petition with the judge overseeing the guardianship to ask for clarification. In my county, I was allowed to call the judge's office and ask for a verbal clarification if I wasn't sure what the guardian could/should do; petitions were required for a hearing and a written statement.

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.

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You may not be correct in thinking the relative doesn't have a right to live in the home.

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No. As your father's official guardian his sister is responsible for his welfare and making sure he's safe and cared for.
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.

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BC, please read TNtechie's response to the OP. The OP needs to know what their state/county law says, not our feelings about how things "should" be. The courts saw fit to grant the sister guardianship, or maybe the OP couldn't financially afford to fight for it. Nonetheless, the OP is not his father's legal guardian, therefore cannot legally make decisions on his behalf. We only get one side of the story on this forum, we have no idea why guardianship was granted to the sister and not the son.

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Check your state for regulations but…
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

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I don’t see why she can’t install cameras. Why would you object to the cameras being there?

Cameras are everywhere now. Everyone should be used to them. Cameras are used to help inform. If there isn’t anything wrong happening, what’s the problem?

They aren’t placed in bathrooms. So, it isn’t invading anyone’s privacy.

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Seriously? Would you be OK with cameras in your home? (picture having had your brothers looking in while you cared for your mom)

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Did you ask her why she wants to install cameras? You are his daughter, I would think she would trust you. Unless there is something else.

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In your home you have the right to privacy as does your Dad.
The law is on your side on this one.

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1. Does she have a Power Of Attorney?
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.

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I think it’s really strange the sister would have guardianship when she doesn’t even bother to visit except on rare occasion
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

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Laws vary from state to state and country to country. Generally you cannot install cameras anywhere a person would expect privacy - that would include the entire interior of one's home. Some jurisdictions partially base the decision on the "motive" for installing surveillance, but motive is difficult to establish.

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His sister sounds like a real piece of work. Why does she have guardianship when you’ve lived w him for 7 yrs and are his caregiver and she rarely even visits? That doesn’t sound to me like she should be his guardian - she doesn’t really care about him if she rarely even visits
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

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Probably

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She can. It would end up being a court situation. Personally I’m the type I’d tell her that is invasive and I’m not comfortable with it at all. I don’t know if she’s thinking you are doing something. But if all you do is on the up and up I’d seriously just throw a cover over the camera when I was in its view. I would! Then tell her I was dressing or dad was dressing etc. let her take things to court. A judge isn’t going to side with her if you were dressing you know. They deal with all kinds of stupid family squabbles. Worse case scenario you stop caring for him and just visit. Until she gets reasonable.

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Her Guardianship is for her brother.
As far as your Dad's house goes, you, as the daughter should be the one inheriting the home not his Sister plus if your mom lived there before she died, then you already have half of your mom's half of the house so, I wouldn't think she would be able to do this without your permission as it would be invasion of your privacy.

You should be direct with her and let her know there will be NO Cameras installed in the Home.

That you are the Caregiver and has been for 7 yrs and would find it an invasion of privacy.

She can call or visit her brother any time and even talk to him on Face Time.

You should also ask her why she feels the need to have the cameras.

And ask her if she would like cameras installed in her house fir anyone to be able to watch what's going on.

It's a possibility that your Dad might have dementia and maybe mentioned things to her that aren't true.

I deffiently would not allow cameras in the home unless if I were my Dad's Caregiver.

My 97 yr old Dad lives in his own home with 24 7 Caregivers and Yes, I do have Nest Cameras set up so I can make sure my Dad is being taken care of.

BUT, I wouldn't have had the cameras installed if it was one of my sisters or myself living there.

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My dad does have dementia but he can't talk. She lives 10 minutes away and rarely visits. It's as if I have no rights.

In order to care for my father, I stopped working, and didn't have the money to get guardianship myself, which is the reason why my sister who lives out of town and I allowed her to have it.

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YOU should file to be your father's guardian. YOU are his closest next of kin -- not his sister. You live with him and care for him. If she is allowed to install cameras they can always be covered, removed or turned off. It IS an invasion of privacy.

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Why isn't the guardian caring for your father? If she wants to much control and video access -- seems she should be providing for his care.

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It sounds like your dad’s sister views you more as a renter or squatter in his home rather than a caregiver. As his legal guardian, it is her responsibility to ensure he is safe and receiving good care, and a judge would likely support cameras, especially in a private home. I went through a guardianship battle and the judge ordered cameras in the home so everyone could see what was going on with her care. His safety is the courts main concern. If he is the homeowner and she is his guardian I don’t think you have any rights except to move out or contest the guardianship. If your dad is reliant on you and you are heavily involved in his care this will be proven with the cameras and would allow you to contest the current Guardianship.

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Your right, in her eyes I may be a "renter", although I do 95% of the work.

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.

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A guardian is just like a parent. So, just as a parent can put in a “teddy Bear” nannycam to supervise a babysitter, a guardian can legally also install any type of camera in common spaces to supervise elder caretaking. Cameras should not be installed in areas such as your bathroom or your bedroom for privacy reasons.

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Except an adult isn’t a toddler or young child

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I would think not. If it’s not her home she would have to get permission from its owner first . That’s invasion of privacy.

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No it’s not my Aunt died we have cameras in her home to watch her boyfriend who is 73years old.He’s not all with it and a Army veteran we all can keep watch over him. He has some problems from the war the camera is handy he likes it we can remind of taking his meds with out being there he lives about 15 minutes away he has care giver as well she keep a eye on him on her cell phone I say go for out it has worked well for us we have one in each room except for the bathroom for privacy he does it mind

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I think the bottom line here is that although the guardian may have a legal right to monitor their ward the OP has to decide whether they've had enough and are ready back away from this situation - that means give notice of the intent to move elsewhere and let someone else take over as caregiver - or whether they are willing to suck it up an take it. In my opinion this is the ultimate F U from the guardian, a clear proclamation that says "I don't trust you".
If it were me that would be a hard NO.

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Yes, the guardian is ok w his daughter doing all the work but wants to be a big shot- the sister wants to be guardian, my answer wouod be you come here and take care of him then.

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I don't think there is enough information here. We are only getting one side of the issue. I wish Goodwill would come back and explain how/when/why her Dad's sister retained guardianship over her Dad. Why did his sister petition for guardianship in the first place? Guardianship over another adult is usually granted if the adult is incapacitated due to mental illness, mental deficiency, disease, or mental incapacity. When her father's sister petitioned the court for guardianship, the OP (as his daughter) should have been notified to attend the hearing. The proposed guardian was required to notify the daughter of the guardianship proceedings. We can only assume from the OP's question about cameras that something "triggered" her Aunt to want to put cameras in her father's home. That said, the guardian is appointed to be responsible for the well being and care of the protected person. The guardian has much power. They will be able to make personal and medical decisions for the protected person, including healthcare decisions and decisions about where the person will live. It appears that her Aunt is either nosy or concerned about her brother's care. We won't know until Goodwill comes back to the forum and tells us. From what the OP stated, it's also apparent that her father's sister is happy to have her live there and do all the caregiving for the past 7 years. Something doesn't smell right here.

If she objects to the guardianship, she will need to retain an attorney to file a petition to end the Aunt's guardianship of her father and appoint herself.

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I agreed along with my sister who lives in another state to allow her to have guardianship, mainly because I couldn't cover the cost to obtain guardianship because Im no longer working.

He has dementia and if nobody claimed it he would be state property if you will.

She has OCPD (in my opinion), and loves control. I do ALL the work, she handles his finances.

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Guardianship gives her power to act in ways to protect her "ward", in this case your father. Unfortunately, since you do not have power of attorney, guardianship, or ownership of the home... you do not have the power to say "no." You may be able to reason with her to keep cameras out of your bedroom and bathroom, but pretty much every other area is fair game. If this is a huge concern to you, look up your states laws about guardianship or consult a local lawyer that deals with family law or elder law for clarification.

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While I would seek an elder law attorney, I do believe that she may have you over a barrel as his guardian she has authority to protect tge "ward". While I do believe the bedroom you sleep and the bathroom is off limits for cameras. You maybe his caretaker, but, it is evident she needs to be as she does not trust you. My recommendation is to turn over ALL duties to her and move on with your life.
Best wishes in whatever your choice.

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Imho, perhaps there is a missing piece to this puzzle, e.g. why does the sister have guardianship if she does not "live in (nor own the home) and rarely visits?"

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Because she had the finances to cover the cost. Doesn't do any of the work though.

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Is there a reason why the sister was granted guardianship over you?

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Why don't you have guardianship? If it was felt that sister should have it over you who is next of kin, then there must be some reason her decisions were considered to be likely to be better. If she feels cameras are necessary then I can see no reason that she cannot put them in providing she does not put them in places that are private to you - i.e. your bedroom and your bathroom.

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Is it legal for persons with Guardianship to install cameras in the wards home? Privacy invasion?

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