Gguardianship has drawbacks, they are expensive, the elder can dispute and argue and if they show any signs of competence at the court, you could lose. Other family members can also contest your request for guardianship and so on. If guardianship is granted, a full account of every penny spent must be kept. Very daunting experience at times. Your mom would be frustrated with being on a very restricted budget. Depending how the POA is written determines what authority you have and when. You could ask social security to be representative payee, but that also does not always get granted. My best suggestion is to seek out an elder care attorney and have him/her determine the needs you and you mom really need. It is a very slippery slope at this point. If mom has lucid days or moments the coaster ride is going to continue.
You should see an elder law attorney. If your elder is already hospitalized often a Social Worker can get you "emergency" guardianship or conservatorship quickly. They have access to Judges who can grant this in need, say for placement, or for testing and diagnosis, staging. Can you tell us a bit more about why your POA is not working for you and you require more? This will cost you some few thousand, is a court action, is an action the senior can protest in court if even semi-competent. You will need a lawyer to help walk you through.
Yes, I don't understand why you need guardianship unless someone is questioning your POAs. Guardianship is expensive and time consuming. Then you have the State asking for information yearly. You need to show where the money goes. How the persons health is. And once gotten very hard to get rid of.
I had no problem using my POAs. But then I come from a small populated area where everyone knows everyone. I banked at the same bank my Mom did.
I think she might need this if she is looking to do any medical evaluation or placement that her Mom is currently protesting against. And if her Mom is no longer mentally capable.
It is illegal to question and not act upon a properly drawn and legally solid POA. There is in fact often language in the document itself telling the entities this. That would apply to banks and et al, but Social Security requires one to be Representative Payee, and IRS needs forms other than POA. You are correct that guardianship and conservatorship is better, as it overrides anything, and works even if the elder protests say diagnosis, treatment or placement when needed.
If you have the properly executed PoA documents, I'm not sure why you would need to also have guardianship. Have you read the DPoA doc to see what authority it gives you for your mother? Guardianship needs to be pursued in the courts and takes time and costs money. Sometimes one can get emergency guardianship, but I think it differs from state to state and I'm not familiar with how that works. If it's an emergency you could contact social services in your mom's county Dept of Health and Human Services.
I think that guardianship is needed if the elder protests placement or diagnosis in a lot of cases. But won't even be granted in the case of an even semi-competent elder.
I expect that you would need to hire a lawyer to file in the appropriate court in your state. I don't know what state you are in.
The POA and MPOA probably can do many of the same things that the guardian can, but that also varies by state. Some entities may not accept POA, e.g., Social Security, which has its own payee system.
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Depending how the POA is written determines what authority you have and when.
You could ask social security to be representative payee, but that also does not always get granted.
My best suggestion is to seek out an elder care attorney and have him/her determine the needs you and you mom really need. It is a very slippery slope at this point. If mom has lucid days or moments the coaster ride is going to continue.
BEST wishes and hoping you get answers quickly.
Can you tell us a bit more about why your POA is not working for you and you require more? This will cost you some few thousand, is a court action, is an action the senior can protest in court if even semi-competent. You will need a lawyer to help walk you through.
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I had no problem using my POAs. But then I come from a small populated area where everyone knows everyone. I banked at the same bank my Mom did.
The POA and MPOA probably can do many of the same things that the guardian can, but that also varies by state. Some entities may not accept POA, e.g., Social Security, which has its own payee system.