Have a question on guardianship of my mother who was taken into protective custody by causing concern/harm in an assisted living facility. My mother had only been placed there two days ago. She had lived in her own home until that point. Her biggest desire was to to live out her last days in her own home. She refused any and all help except for what myself and my sister could do for her. In the courts findings My mother was declared incompetent.I am now temp guardian of person and estate by the courts.I have a pending court appearance for permanent guardianship.i had filled out an POA for both Finance and Health, which the the courts deemed invalid.( The POA's were filled out online at the state of Wisconsin web site and printed out, i then went with forms to have them signed appropriately) Then they (the courts aka General Corporate Counsel) pushed forward for my Temp Guardianship. I could not find original POA's, I now have located them. They were filled out in 1998 before my Mom went into surgery for a brain tumor. My question becomes ...Is the 1998 POA's invalid now? Is there a viable recourse for me to follow to keep the 1998 valid? I am at my wits end. I have been trying to keep Mom independent, because that is what she had wanted. It became to overwhelming for me to keep her independent ( Living alone in her own house) I could not be there 24/7 for her nor give the proper attention required for her needs. It's been very emotional for me and I just want what is best for my Mother. Thank You in advance.
Well there's no reason they shouldn't be valid *except* that you will have kind of blotted your copybook with the court by presenting invalid documents (they won't have liked that) and the guardianship process is already under way - which would supersede POA anyway.
Still, the originals will support your being appointed as guardian insofar as they demonstrate your mother's established wishes; so hang on to them. Is there anything you need to do meanwhile that you can't do by virtue of being your mother's next-of-kin?