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A doctor has declared my elderly parent is incompetent because of her severe stage of Alzheimer's.
Carolyn Rosenblatt, Jan 25, 2012
Rosenblatt has 40 years of combined experience in nursing and law. She is the author of "The Boomer's Guide to Aging Parents", offering practical solutions to legal and health care issues that adult children of aging parents face. She has authored articles on aging, family conflict and mediation of disputes related to aging.
You ask if you can file for guardianship without an attorney. It is possible to represent yourself in court, but I don't recommend it. The laws of guardianship can be quite complex. It can be costly and embarrassing to try to handle a legal matter with which you have no experience or skill all by yourself. It is far better to get legal advice. One can't replace legal education and experience when it comes to protecting the rights of a vulnerable elder. If you haven't retained an attorney because you believe you can't afford one, seek low cost legal services through your local bar association, through Legal Aid, or through community-based legal services for elders. Search the resources available in your area. If you don't know where to begin, try your Area Agency on Aging and ask for legal resources for low income persons. Please do all you can to get an attorney to advise you.
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Jon P. Beyrer, Jan 26, 2012
Jon P. Beyrer, CFP, EA, is a personal financial adviser, specializing in comprehensive financial planning and investment portfolio management. He is a partner of Blankinship & Foster, LLC, a fee-only wealth advisory firm in Solana Beach, California. He holds a Master of Science Degree in Financial and Tax Planning.
You may technically be able to file for guardianship or conservatorship in your state, but it really needs to be done by an attorney who is familiar with the process. This is a specialized area of law and the rules are different in each state. If affordability is an issue, contact your state bar association (or visit their web site) and ask for pro bono (free) legal representation for you and your parent. Also try this website: StateBarAssociations.org - it lists pro bono legal assistance organizations for each state. If you can't get an attorney to help for free, check out the fact sheets on your state bar or county bar's website, and look for free workshops or clinics they provide on filing for guardianship or conservatorship yourself.
karieh
Give a Hug
Jan 25, 2012
bcherrydavis,
Carolyn Rosenblatt, a Power of Attorney and guardianship expert has written an answer to this question that many of the other caregivers have asked on our website. You are not alone here caring your elderly parent with Alzheimer's. The following link will give you an experts answer to your question.
Dad has Alzheimer's. Is it too late for him to name a power of attorney?www.agingcare.com/Answers/Alzheimers-power-of-attorney-139458.htm
Also, the following article might help you regarding guardianship not necessarily POA.
How to Get Guardianship of an Elderly Parentwww.agingcare.com/Articles/how-to-get-guardianship-of-elderly-parents-140693.htm
Best of Luck,Karie H.AgingCare.com Team
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