My sister had POA and guardianship over my mother - My sister has since passed away, and now no one has a legal POA or Guardianship over my mother.
I went to an attorney and was told it would cost $5-7K to become the guardian.
My mother suffers from Dementia and is most days unaware of who I am.
She is in the local VA medical center, and has been for years. My father passed away 2 years ago.
I am at a loss as to what my legal status is. Any guidance would be appreciated.
Thanks
law.cuny.edu/academics/clinics/elder/Becoming-A-Guardian-Without-A-Lawyer.pdf
Good Luck
What you should ask is what is their process when a resident is permanently incapacitated and has no durable POA for general affairs and finances?
The details vary from state to state, but in many cases, if the court considers guardianship, they are often inclined to choose family if any are available and seem reliable.
You could ask the VA social worker if there is any way that the VA might be able to help initiate such guardianship proceedings, perhaps that would make the process more affordable for you?
Otherwise, in most states, the law usually allows next-of-kin to make essential medical decisions, even if no DPOA has been signed. The VA social worker should be able to tell you how this would work at your mom's facility and VA medical center. Good luck!
Find a paralegal (they work with attorneys but also have their own businesses on the side so to speak) who is EXTREMELY well informed regarding this issue.
The paralegal will help with the doc prep for motion to the Courtin most cases, file will even file the Motion for you.
From the start, the paralegal will help you through all the upcoming Court issues you will face.
PARALEGALS LIKE RNs KNOW MORE ABOUT HELPING YOU BECAUSE THAT'S THEIR JOB WORKING WITH THE ATTORNEY!
I did this BEFORE I had to hire an Attorney AFTER I became Mom's Guardian/conservator this past July.
The paralegal I had was ABSOLUTELY THE BEST. I live out of State and she did ALL of the filing etc for me....a flat rate of $750! The ONLY thing she could not do was being present in the Court room.
I represented myself (make sure all your ducks are in a row. Paralegal will help you) and I killed it!!!
ONLY reason I had to hire attorney....I'm taking step-siblings to Court for monetary issues. I will still need my Attorney after all is said and done....we all have them....those greedy family members who didn't care when the person was alive, but they want WHAT they THINK is theirs.
JUST BECAUSE ONE IS AN IMMEDIATE FAMILY MEMBER OR A FEW TWIGS AWAY ON THE FAMILY TREE, DOES NOT MAKE THEM A PERSON ENTITLED TO AN INHERITANCE!!
****make sure you research the paralegal you're thinking of hiring. I did, she's wonderful AND we still communicate with each other. I love her like a daughter/friend****
For anyone who is preparing POAs I encourage you to consider this formula. Life is uncertain and an accident or unexpected illness can remove an option at any time. POAs need to stand the test of time - often a decade or two.
Good luck with your situation, hope you find a suitable solution.
A person with dementia can still be deemed competent to appoint a DPOA, by a court. It depends on her level of dementia.
If she is still somewhat capable of cogent thinking, and will not object to you having DPOA, I think you need to become her Durable power of attorney or DPOA, asap, before she slides further into dementia.
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