My sister and I have POA of attorney for my mom who has dementia. We have a brother as well who does not speak to my mom. My sister is not trustworthy and I am considering filing for Conservatorship because she has no idea what she is doing with her finances, etc. I have been told that this is a big process, mom has to be subpenoed and my brother and sister have to be notified. I feel this is the best thing to do. Thoughts?
2 Answers
Helpful Newest
First Oldest
First
Best of Luck to you.
Find an attorney who is a certified elder attorney who can advise you on your chances of being successful. It is expensive. As you said each person necessary will be notified and might seek guardianship themselves. It is also sometimes the case that guardianship is given to a court appointed guardian who is not in the family. I suspect this generally happens when the judge decides none of the applicants are working to the best interest of the incapacitated person. A guardian must be credit worthy and must report to the courts on a routine basis.
Since you have POA along with your sister, you might ask your attorney if there are alternatives short of filing for guardianship which would release your sister of her rights and leave you the remaining POA. Since mom’s estate is at stake, perhaps sister would agree to mediation which might work for the benefit of all.
ADVERTISEMENT