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anonymous40843 Asked February 2011

Can someone please advise how you get a conservatorship or guardianship for a parent?

We are having issues getting her POA changed as my sister is fighting us and the doctor. What other options do I have to care for my mother. She lives with me and my family takes care of her 365 days a year 24 hours a day. The attorney is dragging his feet making changes to her will and POA and I need to know if there are any other options I may have to fight my sister.

EXPERT Carol Bradley Bursack, CDSGF Feb 2011
I think you may need to find a second attorney, preferably one who specializes in elder law. Seeing the same estate attorney who drew up the first agreement may lead to a dead end.
Good luck. I don't think you can do this without legal help, but there are a lot of attoney's around. You may want to ask for references.
Carol

goldielaine Jan 2012
How do i get an emergency court order for guardianship of my mother,All family members agree she is in desperate need of help

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bcherrydavis Jan 2012
Do I need an attorney to file for guardianship of an elderly parent with severe dementia?

auntcar Jun 2012
Do I need a Lawyer to file for conservatorship?

momma132 Jan 2012
help its been documented my mom has dementia. she can not make decisions for her self, i care for her 24/7. she is well taken care of (also documented by nurses who come into the home). the area agency on the aging came to our home and says she has a right to say where she can live. what can i do to intervene and stop this?

anonymous40843 Jan 2012
Contact the local county court system in your area online . There should be several links there as well as phone numbers where someone may be able to guide you for what you need to do right now! You will have to all go to court however so be sure you are going to win before you put your mom through any of this. Good Luck.

pfrirnd052 Feb 2012
How can a son get poa or guardianship of a sick parent that is hospitalized and is not able to speak to let him know what he wants.

anonymous40843 Jan 2012
I do believe so because the person in question has to be tested and all must go to court to declare guardianship.

Countrymouse Jul 2016
Jo, I don't know what you mean by "Adult power of attorney."

If that's just a typo, and you do have documented Power of Attorney for your mother, and your mother's doctors have certified that she has dementia and needs to be placed in Memory Care, then this is what you do.

Use APS as a source of advice and information.
Find out what Memory Care facilities are available in your mother's area, and able to take her.
Using your Power of Attorney, make the arrangements for your mother to be admitted.
Again, work with/consult social workers if you need practical help and assistance with the admission because your mother is resistant to it.
Sell your mother's house, transferring the funds to a dedicated account solely for your mother's benefit.
Without knowing what you're likely to get for the house I can't guess how much money your mother will end up with; but it doesn't sound as if it's going to be a fortune and Memory Care is very expensive. So you will also need to apply for Medicaid and any other state benefits she might be entitled to. APS should be able to advise you, or if not them they'll know who can.

If APS has been called on to investigate *you* three times - who by, by the way? - I can imagine they're not you're favourite people even if they have completely cleared you of any wrongdoing. No-one could enjoy that process. But now it's time for them to help you, so don't hesitate to ask.

AgingCareCM Feb 2012
pfrirnd052,

These two articles might be able to help you answer your question.

How to Get Power of Attorney Ready Before Aging Parents Get Sick3
https://www.agingcare.com/articles/How-to-get-Power-of-Attorney-ready-before-aging-parents-get-sick-134109.htm

and

How to Get Guardianship of an Elderly Parent
https://www.agingcare.com/articles/how-to-get-guardianship-of-elderly-parents-140693.htm

Hope this helps,

Karie H.

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