I need legal advice on guardianship over a senior with Alzheimer's.

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Nls123 Asked February 2020

I need legal advice on guardianship over a senior with Alzheimer's.

My grandfather has been diagnosed for about 6 years, my mom dropped everything to move in with him and take care of him. My aunt (who is not a good person) is now after all this time petitioning the court to gain guardianship over him. We dont know what to do.

Alzheimer's & Dementia Guardianship Power of Attorney (POA)

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score 1 · Answer 1

Does this aunt live with your grandfather as well? If you wish to fight guardianship then you will need a lawyer. And it is not likely you will win, as a family fight often results in the state taking guardianship in which case Grandfather will be placed in care and you will not have any say, neither of you.
If your Aunt does win guardianship, and if she is going for guardianship I would make it clear to her that you will not continue in caregiving in those circumstances and she will need to take over caregiving and guardianship on her own. I would watch what you wish for. This is a DIFFICULT job.

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In my three guardianship experiences, albeit in just one state, the state was not at all interested in being the guardian if there was a capable and caring relative willing to assume that role. And in my dad's case, the relative providing care (me) was preferred over a relative not providing care (my sister) but who was suggested in a prior legal document to be guardian if one ever became necessary. Simply put, guardianship judges respect caregivers more than dubious documents signed before constant caregiving becomes necessary.

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score 0 · Answer 2

Nls123, your aunt almost certainly hired an attorney to file for guardianship and the court will appoint a different attorney ad litem to represent your grandfather. Your mom can contact your grandfather's attorney to ask questions and express her concerns, but, as freqflyer said, she should also contact her own attorney. If your mom wants to be the guardian, instead of having your aunt fill that role, then the court will likely rule in favor of your mom because she's been the caregiver (unless your aunt can overwhelmingly prove that your mom shouldn't be guardian for whatever reason). Best wishes.

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score 2 · Answer 3

Nls, your best bet is to contact an "Elder Law Attorney".

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I need legal advice on guardianship over a senior with Alzheimer's.

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