When it was time to take charge of mother's affairs, we hired an attorney who stepped us through the process. We were very lucky to have an understanding family court judge. She appointed my sister as the guardian of mother's "Person" and appointed me as the financial guardian. I pay all the bills and control mother's properties - which have now been liquidated. I give a full financial accounting to the each year and my sister gives a full accounting of mother's physical situation. This has worked out quite well, If a family member questions my actions, I have a spreadsheet they can look at. Nobody has a reason to doubt my credibility because I must be able to report EVERYTHING to the judge and she could throw the book at me if I mess with the monies. I think Guardianship is much better than a POA as it requires more accountability. Good luck with your decision
Scout99, I am not a lawyer. From what we experienced, a person has to be mentally incapacitated. My MIL had a geriatric psychiatric and medical evaluation after an incident in which the authorities were summoned. That evaluation was the basis for having her declared an incapacitated person. Her doctor at the nursing home also gave his opinion to the court.
I attempted to get guardianship in VA but HAD to use a lawyer. Then you have to have a lawyer do the paperwork because a layman's method is not acceptable (at least in Frederick County, VA.) Lawyers make A LOT of money in the geriatric world.
Scout99 - I'm unsure about how to obtain guardianship, but it sounds like you need Medical and Financial Power of Attorney instead of guardianship - which is what we have on my mother-in-law. But an elder attorney's first visit is usually free, and they can help you with that and other questions.
How do you go about obtaining guarding ship? My mother is 76 and is very ill,I take care of her in our home, she has some dementia and she is getting to the point that she is not able to make decisions that are in her best interests. this is both physical and financial. there has been some people who were supposed to be caring for her, or doing odd jobs for her, but they were just taking advantage of her, she was handing out money like it grew on trees, and her savings has suffered. what can I do to protect her well being?
This is something you should ask an elder attorney. I know two people can have Power of Attorney, so I would think that two people could have guardianship - but I also know the attorneys do NOT recommend it.
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