My mother has brain damage which happened suddenly. I’m trying to figure out how to gain guardianship. Any advice?

Christi, if mom is on Medicaid, all her income will go to nursing home less a small personal allowance (usually $50-100) to pay her share of cost. Becoming guardian to be mom’s representative will not allow you to keep any of mom’s money above that personal needs allowance. She can’t pay car payment, utilities, cell phone, car insurance, credit cards, rent etc. The sad truth is that you need to be destitute to be on medicaid in nursing home and there is no money to pay bills left outside nursing home. If you want to keep car, you will have to figure out how to pay for it with all associated costs, and Medicaid will consider a transfer of any of mom’s interest in the car to you without you paying mom to be gifting. If you need programs to help you and kids, schools are offering meals for students in many places if you register. Food pantries have drive thru pickups. If you are looking for guardianship to gain access to pay mom bills outside nursing home or reimburse yourself, that cannot happen with Medicaid in the picture. Some attorneys will give free 3O min consult, call your local Legal Bar.

I am assuming you have no POA thats why the need for guardianship.
And Mom has no money.

Well, first, even if you had POA or guardianship, you may not be able to have the car. Mom is allowed a car but not the money to keep it up. This is something you need to talk to Medicaid about especially since there is money owed.

You may need to consult a lawyer. Call your Office of Aging to see if they know of Lawyers who work on scale. Legal aid even. The only thing I see here, is allowing the State to become Moms guardian. Hope another member has some ideas.