Do you have POA for financial and medical? If so, if no one is contesting that then POAs should be enough. Social Security and other government entities don't except POAs though where they do guardianship.
Not sure if you can filepersonally or you will need a lawyer for this. I think any lawyer will do. Its just a matter of filing papers. The one who would have done it for me was versed in Social Security. Its a matter of getting a Dr. or more to claim he is no longer able to make informed decisions. Medicaid will allow the use of his money for this. Depending on where you live, it can be expensive but u will have more control than a POA. Be aware though, meticulous records will have to be kept because you will be required to do an accounting yearly to the State. Financials and Medical. Go to your County Clerk and see what the law requires in your State. There will be a court hearing and you father may need to be present. Also, anyone who may contest the guardianship.
I myself would get first the documentation from your Father's Doctors regarding his dementia. It should specifically say that he should no longer be in charge of decisions involving financial affairs and etc. The specific diagnosis should be noted. This you take to an Elder Law Attorney. If your father is not "fighting" guardianship then there will be less cost than if your father is fighting it. You will be assigned by the court as his guardian. Be certain you fully understand all you are undertaking. You are responsible to the court for careful management and record keeping. However, if the elder doesn't WANT guardianship and doesn't believe they need it, and fight it, then a lawyer will be provided to them, and they will likely win unless very demented. Then your own lawyer is not paid for. Sometime when an elder ends up in the hospital and the medical community comes to the conclusion they are unable to live safely alone and manage their own care, a Social Worker will call the next of kin and arrange a quick temporary guardianship by calling a judge. This makes the process a bit easier, as much of it is handled by the social worker and permanent more easily filed for when temporary is in place. Things vary state to state in terms of difficulty or ease, and an Elder Law Attorney is your best guide. If you get the guardianship the cost can be paid from the elder's assets.
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Not sure if you can filepersonally or you will need a lawyer for this. I think any lawyer will do. Its just a matter of filing papers. The one who would have done it for me was versed in Social Security. Its a matter of getting a Dr. or more to claim he is no longer able to make informed decisions. Medicaid will allow the use of his money for this. Depending on where you live, it can be expensive but u will have more control than a POA. Be aware though, meticulous records will have to be kept because you will be required to do an accounting yearly to the State. Financials and Medical. Go to your County Clerk and see what the law requires in your State. There will be a court hearing and you father may need to be present. Also, anyone who may contest the guardianship.
This you take to an Elder Law Attorney. If your father is not "fighting" guardianship then there will be less cost than if your father is fighting it. You will be assigned by the court as his guardian. Be certain you fully understand all you are undertaking. You are responsible to the court for careful management and record keeping. However, if the elder doesn't WANT guardianship and doesn't believe they need it, and fight it, then a lawyer will be provided to them, and they will likely win unless very demented. Then your own lawyer is not paid for.
Sometime when an elder ends up in the hospital and the medical community comes to the conclusion they are unable to live safely alone and manage their own care, a Social Worker will call the next of kin and arrange a quick temporary guardianship by calling a judge. This makes the process a bit easier, as much of it is handled by the social worker and permanent more easily filed for when temporary is in place.
Things vary state to state in terms of difficulty or ease, and an Elder Law Attorney is your best guide. If you get the guardianship the cost can be paid from the elder's assets.
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