If I have medical & durable POA, do I need to file for guardianship of my Mother with Alzheimer's?
I do not have good credit. I have filed bankruptcy in the past & I've read that that is a no-no for gaining guardianship. I've moved in with my mother because she can't be alone.
Your brother can't put her into a nursing home as long as you have both financial and medical POA.
I think that since there is potential family conflict here that it would be worth spending a little of Mom's assets on consulting the lawyer again, to discuss how to best protect her from her own bad decisions.
I am just worried that she might start giving away what little assets she does have(her home), my father just passed away & I've been the only one caring for them, i am executor of my father's will but she doesn't have one because the lawyer said she wasn't fit to sign one. My brother & his wife only want to put her in a nursing home, which i am against as long as i am able to care for her.
Are you trying to do something for your mom that she objects to, or that other family members aren't letting you do?
To get guardianship I think you'd have to convince the court that she is incompetent to make her own decisions, and if she is incompetent then your POA authority should be enough.
Tell us a little more about the situation, and maybe will provide more specific advice.
My mother, 95 with dementia, in NH, has no one appointed POA. We've had no trouble at all caring for her and representing her. I can see where if the 7 of her kids disagreed seriously about care issues, or if she had a big estate to manage that could get real tricky real fast, but she is broke and the ones who want to be involved work it out among ourselves.
Does your mother have a large estate or a complicated financial situation? Do you have siblings or others who might fight your decisions for her care?
3 Answers
Helpful Newest
First Oldest
First
I think that since there is potential family conflict here that it would be worth spending a little of Mom's assets on consulting the lawyer again, to discuss how to best protect her from her own bad decisions.
ADVERTISEMENT
To get guardianship I think you'd have to convince the court that she is incompetent to make her own decisions, and if she is incompetent then your POA authority should be enough.
Tell us a little more about the situation, and maybe will provide more specific advice.
My mother, 95 with dementia, in NH, has no one appointed POA. We've had no trouble at all caring for her and representing her. I can see where if the 7 of her kids disagreed seriously about care issues, or if she had a big estate to manage that could get real tricky real fast, but she is broke and the ones who want to be involved work it out among ourselves.
Does your mother have a large estate or a complicated financial situation? Do you have siblings or others who might fight your decisions for her care?