I currently possess power of attorney (POA) over both of my parents in the State of Florida. Would having guardianship give me additional powers?
Would having guardianship give me additional powers over and beyond those provided by POA in providing for/administering to their care? They both have been diagnosed with Alzheimer's disease/dementia.
Each state is different, but it seems to me that your POA, if you also have a health directive (POA for health care), should be enough. Guardianship is generally the route people take when there is no POA and the elders are not cognitively able to grant permission to anyone. You may want to talk to an attorney about this, but if you have POA rights for financial and health, you aren't likely to need more. If you only have a financial POA, but not health, an attorney could advise you. Take care, Carol
When we went to the estate attorney to do my mom's POA's, etc years ago, the attorney had her do a "Guardianship in case of Incapacity". This was in Texas. What he told me is that this document is important in his experience as so often the elder, once dementia has set in, will go and change or revoke the POA's or tell others that you are being mean or doing things they don't want. And it often can get out of hand, with adult protective services called in or other drama. This document kinda gives you (as POA) the upper hand in being able to continue doing what you do as POA as you would become the guardian/custodian if it had to go to that very, very involved legal step. It sounds like a precursor to what Madge1 is talking about.
It is my understanding if you have a financial POA and medical POA you should be able to do everything you need to do. I would certainly ask an elder attorney about this however.
My Mother is signing a new POA just passed by law in the state of Alabama. I wish all states had such clear POAs. The state passed a law January 1, 2012 to have one clear and concise financial POA for all banking, etc. To stop someone of the confusion that happens with banking and such. Also in this POA is a place to nominate a Guardian. My question was why would one be needed. So, long story short, maybe you should ask that question of a professional. I am sure there are instances where something doesn't work the way it should. Better safe than sorry.
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Take care,
Carol
What he told me is that this document is important in his experience as so often the elder, once dementia has set in, will go and change or revoke the POA's or tell others that you are being mean or doing things they don't want. And it often can get out of hand, with adult protective services called in or other drama. This document kinda gives you (as POA) the upper hand in being able to continue doing what you do as POA as you would become the guardian/custodian if it had to go to that very, very involved legal step. It sounds like a precursor to what Madge1 is talking about.
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My Mother is signing a new POA just passed by law in the state of Alabama. I wish all states had such clear POAs. The state passed a law January 1, 2012 to have one clear and concise financial POA for all banking, etc. To stop someone of the confusion that happens with banking and such. Also in this POA is a place to nominate a Guardian. My question was why would one be needed. So, long story short, maybe you should ask that question of a professional. I am sure there are instances where something doesn't work the way it should. Better safe than sorry.