I need to become my mother's legal guardian, what do I need to do?

Show the tape to the police. Elder abuse is against the law.

the one abusing my mother has the power of attorney, mom really afraid of her, she had her sign during a nursing home visit, under medications and dementia. Heart broken her other daughter.

Make copies of the video. Go to the police and file a complaint and give them one as evidence. Get copies of their report and go to an attorney and have him or her file to have you made guardian. Make sure the attorney has a copy of the video. Tell both the police and attorney that you showed the video to the legal guardian who didn't care. Your attorney can file in court and will be able to show this evidence. I would also recommend giving copies and a complaint to the state department of human services.

You don't mention who the legal guardian is. I would start first with Adult Protective Services if the tape of abuse is in your possession. You can petition a Probate Court to look into the matters and appoint a guardian ad litem for your mother. It is curious her legal guardian is not taking this abuse more seriously. You didn't mention if you have the finances to hire an attorney, in which case you can consult your local legal aide attorneys. Best wishes.

Unfortunately, the police will do little to nothing. They don't have the authority. Because she is in a facility, the county/state Ombudsman's office handles complaints about maltreatment of nursing home residents. This may be within the Adult Protective Services department. The court process will take some time to get through. The judge could probably put in some sort of injunction temporarily to keep the current legal guardian from doing anything. Hope this helps.

Adult Protective Services in this are required to respond to a request for investigation within 72 hours, I think. If the request is for physical abuse, I would think they would respond much faster than that. Call the police and file a report since it is a weekend. It seems they would have to do something.

I was told to go to probate court with this issue, but needed to have lawyer ready for court date. What if abuse has been so bad that my loved one may die before court date. I have seen a lawyer about this & have photos of bruises he advised me to take.

Should I just call the police when I come into nursing home & find inadequate care/abuse? Do they have authority to remove a resident immediately? Where would they send resident--the hospital?

Thanks for any help on this. The other answers have been helpful but I am still somewhat unsure what to do re a critical need.

These are all good answers. The process of becoming a legal gardian takes time. Your attorney will file the papers for you, yet they may require an investigator to interview your mom and the people @ the facility to be sure the guardianship is warrented. You should not have a problem with this. Good luck!

Check with Adult Protective Services in your area. They may intervene without cost to you.

If nothing else...take this video to the court, to a judge, or the police. Usually a guardian is looked over or has to report to a judge that oversees them. I am sure the judge would take care of this. Also take the video to the Adult Protective Services. There are laws against abuse. The police could also help you, they usually have a officer that works with this. Crimes against the elderly, I mean. Please take action now.....what a horrible thing. You and your mother will be in my prayers.

yes, you will need to talk with an attorney or to just get started with the info, your area Court clerks will be very helpful in talking with you.

I agree with Maria. You need to go to court. Now, if you have issues with paying for the lawyer, you might try your local Office of the Aging.

They may be able to direct you to attorneys who will work pro-bono on a seniors behalf.

You will need a lawyer who is well familiar with the process and if your mother already has a legal guardian, you might want to go to an attorney who truly specializes in elder-care affairs.