Need help...my father in law is in a nursing home and years ago he had a POA in Georgia. Since coming back to Indiana his health has declined and we had to move him into a nursing home. What we are wondering is since he is no longer able to take care of himself at all and we have no clue if this other person is still alive should be file for guardianship or POA.
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need help in getting p.o.a over my legal guardian shes 78 years old and has a 35 year old grandchild stealing from her constanly stealing from her
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I was hoping someone can advise me, I recently moved back to the same state as my father. Upon returning I found out that my 4 other siblings are in a court guardian dispute over my father. My brother and youngest sister was my fathers POA but due to them abusing Dad (physical/mental/financial) my two other sister's are fighting for guardianship. My one sister who petitioned the guardianship was my mother's POA prior to her death 3 years ago (my brother and I were not aware of this POA as my sister did it behind our backs). During the time my sister was my mother's POA we are 150% sure she was stealing my parents money but we can not get my mother's bank statements from the bank. (Dad has been sick for years and wasn't aware of any of this.) My sister has also been in foreclosure on her house several times. She is always going on vacation and she lies about having a tenant on her 1st floor. I know for sure she doesn't have a tent from several people but she pretends she does. My brother has been living off my parents for 25 years and upon becoming POA it only got worse. (Yes i am aware that my siblings are losers). As I just moved back into this I would like to be my fathers guardian as I want to physically take care of him and make sure he is cared for properly. Besides my brother none of my siblings want to move Dad into their homes so either Dad is cared for in his own home or goes into a nursing home. I want to care for my father in his home until I get my own place then take him with me when I move. I have said we should have a court appointed guardianship for his finances as it has caused a lot of conflict within the family but I was told that will take a lot from Dads nest egg. Is this true? As I moved back I haven't got a job yet. I might be getting one soon as I have a 2nd Interview scheduled for next week. The next court date is January 4th and I know my brother will lose but I don't want my sister to win either as I feel she is worse them my brother. I want to petition the courts for Dad but until I get a job, money is tight, so I have no money to pay an attorney. How can I stop this disaster and petition for guardianship of my father.
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Hello,

My parents are still married and living together, but the marriage has always been conflicted, at best, for as long as I can remember. My mom has dementia and has lost her sight to macular degeneration. My sister and I are POAs, my mom's health care POAs, and both have financial rights, though I'm secondary to my sister per their will. If my father allows an environment in that home that isn't healthy for my mother, would becoming her guardian give me the authority to insist on changing said unhealthy things from their environment? Or, because they are married, does the spouse's decision overrule guardianship?

Thank you.
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If the person you are guardian over is in a nursing home and if they owe money and don't have no assets can the nursing home take the guardians property of theirs no money to pay for it
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Anna77 ,

Are you taking care of your grandmother or great grandmother? In' confused from what I read on your profile.

I would think that she would have life long friends where she's been living for several decades. How long has it been since she's seen her relatives? Will she even remember them?

As her guardian, I assume you are in Australia?

I don't follow what you mean by " Can she get all her money/trustee before living Australia?" Do you mean before leaving Australia? If she moves to her native land, she will need her money to pay for her care. The transfer of funds may create an increased tax burden if there are investments to sell and other investments to cash in.

Also, you may want to consider what ever pension and or governmental support like US social security that she receives that she would loose by leaving the country and not have in her native country.

Furthermore, moving is very unsettling for someone with dementia. What other health problems does she have? Where are her children in this situation?
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hi, my great grand mother has a dementia now. I want to bring her back to her native land so that our relatives can see her, and I believe she can get more attention there since most of our relatives are there. She's been living in Australia for how many decades. Can she get all her money/trustee before living Australia? Im her Guardian also. thank you very much.
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How can you have a person's guardianship looked into that he/she is being properly taken care of? I suspect that an elderly man that his son has legal guardianship over him when he was not able to for himself due to an injury. But now he is much better and his son has total control over every thing he does. He has taken his phone away, only let him call 15 number that he programmed in, he has taken his ipad that he watched movies listened to music, emails etc.. He is in a very nice assisted living but only 69 yrs old and is being punished because he was reaching out and emailing many people to help him and reduce his medications etc. He is a very smart man, has some front lobal dementia, very mild, and now he has no TV, no music, all because his son is punishing him because he is wanting to get some of his independence back. What should I do?
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I am the guardian of my mothers person and estate in texas. can I sell her assets to a family member while she is still living to pay her debt?
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what if this person is a daughter and not paying her bills or taking care of her AND I AM ANOTHER DAUGHTER AND DONT HAVE MONEY FOR LAWYERS AND I SEE MY MOTHER IS NOT BEING TAKEN CARE OF WHAT ARE MY OPTIONS
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me and my wife have a child 23yo and applying for guardianship in indiana . can we file the paperwork ourselves ? she is mentally ill and the entire family from grandparents to sisters and brothers agree. we have medical documentation also. she has run away from home and is now traveling within the state with two adults that are coercing her to do things. what will happen after we file? any help appreciated.
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R. Frances, I am in the same boat as you are. Just went to see my stepmom in Kansas and her sister who hadn't visiited her for 4 years obtained guardianship and moved her from Montana and put her in a nursing home. She told me my stepmom had "gone through her money" but the court documents say she had $224K on April 17. Where did the money go? I called the courthouse but they told me I would have to contact an attorney and I don't have the money for that.
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louiam, sorry to hear that your mother had to go to the hospital today. If your brother has durable POA,, then his job is to pay her various bills from her money. Have you seen his POA document? Does he also have medical POA? Does your mother have medicare or medicaid? I would think that at this time of night that your brother will answer his phone. Why do you not want him to answer your phone call? Your situation sounds complicated and I wish you well.
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rfrances, the guardian is supposed to report their actions to the court. I believe the children have the right to question the guardian and see their reports. I would call the county courthouse where this guardianship was awarded and find out who to direct your questions to.
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I had to take my mom to the hospital today my brother is her p.o.a I truest to call he wouldn't answer his phone my is in the early stage of dementiai have no way to.pay fo ir her meds unless I use my money he keeps her check book the acct is only. In her name I can't pay for things I'm out of work l don't know what to do he never takes her to any appt so what are his duties just keep her money for himself.
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Who makes sure a guardian is following the law as to the elderly's rights and doing what is legally right. Do children of the elderly have the right to question the guardian and see records of where pension and other money is going or went? The state is Pa. Thanks, R. Frances
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Unless the laws are different in Indiana, there must be a court hearing for your wife's son to get guardianship and a doctor must testify that she is not competent to handle her business in a business like manner along with stating why, plus she will be present during the hearing. The judge will probably ask you why you no longer want to be her POA and then make his ruling. Once her son is awarded guardianship, it trumps POA and you are automatically released from those responsibilities. Are those investments for transfer jointly owned by you and your wife? If so, you might not want her son to have total control of those. Anyway, if it is a jointly own investment, then half of it belongs to you. It will be her son's responsibility to contact those to whom bills need to be paid to let them know that he is her guardian and that he is now the person responsible to make sure her bills are paid. Until guardianship is awarded in Indiana, you will be responsible for paying for those bills at the assisted living place.
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looking for guidance
Wife has dementia, lives in NC, her husband has power of attorney. She will move to another state Indiana where her son will apply for guardianship. She will live in an assisted living community. At present I am reponsible for her paying the asisted community's bills. When her son gets guardianship does this automatically release me from being responsible for her bills. There will be investments transferred from a NC account into one of her sons choosing when he takes over control. What should I do about protecting my interest and whatever document realeases me from payment responbsibilty?
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Can one relinquish their guardianship rights for an elderly woman from a 2nd cousin to her daughter? The cousin does not want the responsibility any longer and should have gone to the daughter in the first place.
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my mother in law is lost and very confused! she has had 5 strokes and brain surgery and she is only 69 years old . We feel that she needs help but refuses! she loses things ,forgets to pay bills, her account is always overdrawn! she can not afford food! has no phone due to not paying her bill. when i used to help her pay all was fine! she had money left over! what happened was she wanted to be "independent" But she is not she can not do the things the she used to do... she almost burned her self down in her apt. by forgetting a simple dish on the stove ! by falling asleep . she can barely walk after her knee surgery as well. her mind is not the same she can not read well nor write at all ! how can we get power of attorney to help keep her safe! and not to see her on the streets she may lose everything! due to her lack of memory and lack of keeping track of what to do with her money ! she is also a diabetic insulin depended one and on alot of medications . to which i am the one who fills a weekly container for her to take on a daily basis because she does not know how to do it! she can not even write a check! we need help to help her she can not live the way she lives! she has threatened sucide as well....
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I have a strong suspicion that my mother in law is deliberately stealing her mother's money (not sure if all of it is from SSI or just her personal savings) when I came across a large amount of cash in my mother in law's home which, ironically enough, included the actual bank slips from where she cashed checks on her mother's account. I am confused as to what to do, not wanting to confront my mother in law over what is essentially her personal business that I happened to discover. I recall in the past being in the same vehicle with my MIL when she took $1,000 out of her mother's account. She has several stacks of money dating back over a year with the receipt inside the banker's envelope. I could understand if she was setting the cash aside to be used to her mother's expenses, but if the money was set aside and left in the house for over a year, what purpose did this withdrawal serve? I honestly feel like she is ebezzeling this cash from her mother. What should I do?
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My 75 year old Mother has mentioned sucicide to me twice in the last month, how do I get power of attorney so I can speak with her physcians and psychiatrist?
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confused / hurt/ need help
Family disagreements has gotten the best of me. Continue harrassment from my siblings thinking they know best for my mother when I have been the sole caregiver for the last several years. I have tried everything and I final I allowed my mother to go with my sister feeling that this would stop the harrassment but it hasn't. I am confused as to whether or not I did the right them. Taking my mother from a stable home too an unstabled home. I later found out that my sister will only be in town for 2-3 months and then she will leave my mother in the care of her son and his girlfriend and the other sibling who goes off on drinking sprees. My siblings think that my mother can make her decision but over the last few months her demeanor has totally changed; yelling at the bus driver,accusing the aid of stealing and saying mean things to her and even accussed me of walking in the house from the store and telling her to get all her things and get out . I love my mother and wants the best for her bu yet I am tried of being the punching bag. What else can I do to make sure that my mother is making the best decision for herself not for her wants? Please someone help! I can't sleep,eat or even stop worrying of her saftey.
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