This is a topic that comes up a lot, gypsyhousewife. It would be very helpful if you can come back as things settle down, and share your experience. We learn from each other.
As Grandma1954 states, to have a person declared incompetent pretty much removes all of their rights. So it should never be a trivial process. It should be very difficult to do. I understand that for civil liberties, but boy, it sure makes protecting our loved ones from their own cognitive failures hard, doesn't it? I feel so sympathetic to folks in this position.
You can do all this without a lawyer too. Just get all of the documentation you can including doctors reports, police reports, ER visits, social workers etc. For permanent guardianship in my county, a letter of capacity from a doctor is required. In other counties here two different doctors must write a letter if capacity. Basically a letter of capacity is a simple statement that the person is in need of total supervision and is at risk without it. Some doctors do not want to write this letter. Get in with a good senior health doctor. Good luck. The cost of filing at the court here is $175 each for guardianship and conservatorship. Agree with Grandma 1954, it is a heavy responsibility being guardian or conservator, but sometimes necessary.
Guardianship is NOT easy and it is not something that one takes on lightly. There is a lot of paperwork and continued court visits and costs. But if it is necessary then you have to do it. Talk to a lawyer, best if it is an Elder Care Attorney. the procedure can be fairly rapid.
If this is an emergency situation for example you have brought "Dad" to the er with a broken hip and he is refusing treatment you might want to talk to the hospital Social Worker they may have ideas. At least this might work until you gain legal guardianship. ....That is unless he is competent and TRULY wants no treatment. To become Guardian you will have to declare this person incompetent and this will basically remove all rights.
I did. I had already been to the first guardianship hearing and was held over for trial because mom said she didn't want a guardian. At that first hearing we were not allowed to present any testimony as to the struggle we were having. The trial date was at least a month out and possibly longer. In the meantime mom was free to do as she wanted. We tried to control her to no avail. About a week later mom wandered out on a busy road and the police got involved. I insisted that night she be taken to the ER for documentation. Armed with that paper work I went to my lawyer in the morning and was granted emergency guardianship the next day, but it was not official for about a week when the court order arrived in the mail. Then one month later the final trial and permanent guardianship. It took two weeks more to get the court order. Nothing happens fast in this process. Get a lawyer to do the work. Total cost (including filing fees for guardianship and conservator) was less than $2000 which the judge let me pay out of moms account.
Yes, get an attorney. Ask around and see who is good in that area, if you can. I just went through this this fall with my mom and just got full guardianship. You definitely need a lawyer. I am not sure so would have started it if Injad know what it entailed, but my Mom contested because she thought she could go home, so it was a lot more complicated. She is too frail now health-wise and mentally, so even her lawyer said this is best for her.
Yes, you can apply with the local probate court (or whatever division in your jurisdiction that handles these matters) for an emergency order/temporary guardianship.
I do suggest contacting an attorney specializing in elder law matters like this to handle the filing, as they should know the process and can expedite the filing and hearing date assignment if an emergency filing is recommended.
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But if it is necessary then you have to do it.
Talk to a lawyer, best if it is an Elder Care Attorney. the procedure can be fairly rapid.
If this is an emergency situation for example you have brought "Dad" to the er with a broken hip and he is refusing treatment you might want to talk to the hospital Social Worker they may have ideas. At least this might work until you gain legal guardianship. ....That is unless he is competent and TRULY wants no treatment. To become Guardian you will have to declare this person incompetent and this will basically remove all rights.
I do suggest contacting an attorney specializing in elder law matters like this to handle the filing, as they should know the process and can expedite the filing and hearing date assignment if an emergency filing is recommended.