My uncle has been mentally retarded since the age of 2, and has been in an assisted living facility for the past 60 years. I am the only living relative left on that side of the family, and already consent for all of his health needs. He is unable to sign his name and has the mental capacity of a 2 yr old. As I mentioned above, I was given POA over my grandfather when he was in the early stages of dementia. He was the POA over his son, my uncle. Now that my grandfather has passed, how do I go about getting POA over his son, my uncle? I'd appreciate any help or advice here. Thank you.
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And as others had mentioned above, only your Uncle can choose who he wants as Power of Attorney, which is impossible with his medical condition. One has to be able to understand the legal document they are signing.
Your Grandfather would not have been able to have Power of Attorney over his son.
My siblings lived in a facility and their social worker told my parents that they should become their conservators so they would have a say in their care.
My parents needed to go to court to get conservatorship. I don't know how much it costs to get conservatorship. This was done in 1990s.
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Who has been handling his affairs since your grandfather passed? Beyond Social Security are there other assists that need managing?
Guardianship is very expensive, it cost $2500 in 1994 and is probably triple that now. I say leave well enough alone unless something is grossly wrong.
I understand that going for guardianship can be expensive. Does your uncle have funds you could access for this?
Best wishes to you. You are doing a very fine thing.