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HeatherSims Asked April 10, 2024

How do I become a legal guardian for my father with Alzheimer's?

Hi everyone, I'm reaching out because I'm facing a really difficult situation. My father, who is 75, has been battling Alzheimer's for a while now, and unfortunately, his condition is worsening. It's getting to the point where I'm concerned about his ability to make safe decisions for himself and manage his own affairs.
He's become more susceptible to scams and has almost fallen victim to a few phoneand online schemes. Just the other day, he left the stove on and forgot about it, which thankfully didn't lead to anythingserious, but it was a real wake-up call.
I've started looking into the process of becoming his legal guardian, but it feels overwhelming. There's so much information out there, and I'm not even sure where to begin. I would be so grateful for any advice or guidance from people who have gone through this process themselves. Any resources, tips, or words of support would mean the worldto me right now. Thank you.

AlvaDeer Apr 10, 2024
You will need first an assessment and diagnosis by at least two doctors. One can be a GP but the other should be neuro psyc. You will need letters testamentary that your father should not now be in charge of his own care and decisions due to an inability to be safe.

These go to an attorney who will go before a judge. Your father, should he choose to fight this can/will be supplied an attorney by the court. The courts are loathe to take a citizen's rights from him/her.

I wish you good luck. I am so sorry. If Dad should refuse any/ all testing call APS to open a case so that he can be examined for his own safety. You MUST STRESS TO THEM that he is currently not only losing all his money to scams, but that he is a physical danger to self and others with fires, wandering, and dangerous things.

If he is ever hospitalized then call in Social Services at once. They often can get quick temporary guardianship for him. Once placed in care it will be easier, after exams, to make this permanent.

Maria19 Apr 10, 2024
I'm so sorry to hear about your father, Heather. Watching a loved one struggle with Alzheimer's is incredibly difficult. It sounds like you're taking a very important step in looking into guardianship.

From what I've gathered, getting guardianship usually involves a few key steps. 
First, it's important to fully understand your dad's needs and what kind of help he requires on a daily basis. This might also involve looking into other care options, like assisted living or in-home care, to see what fits best. 
Then, there's paperwork to file with the court explaining why guardianship is necessary and why you're the right person to take it on. Of course, family and other relevant people need to be informed about the process too. 
Finally, you'll likely have a court hearing where the judge will make the final decision based on all the information presented.

I recently stumbled upon this article that explains things pretty well:

https://lawrina.org/guides/personal/family-law/how-to-become-a-legal-guardian/

It might offer some clarity and guidance as you navigate this journey.

Thinking of you and your family during this difficult time. Hang in there.
HeatherSims Apr 10, 2024
Thanks!

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Geaton777 Apr 10, 2024
You will have to pursue it through the county courts. You will need to prove he is incompetent and a danger to himself, or unable to care properly for himself. It can be expensive, and can be time-consuming. Talk to an elder law attorney to see what evidence you'll need and an estimate of the cost.

The other option is to report him to APS and the county will eventually move his case to a judge who will assign a guardian (and it won't be you). You will still be able to carry on your relationship with him, but you will be blocked from accessing any of his medical info and decisions and his financial assets and info, permanently. However my personal experience has been that the guardian wants to preserve healthy family relationships for their charge and was not adversarial, just protective.
HeatherSims Apr 10, 2024
Thanks a lot for you answer.

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