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katie1414 Asked April 2014

My Mom has dementia and is being neglected by her husband. I have POA and need guardianship. Any advice?

Her husband has turned away all in home help. It is unsafe for her to go there from nursing rehab. drs want me to file for guardianship. I have documentation from drs, and family support but will it cause me to have to hire a lawyer?

gladimhere Apr 2014
Yes, you will need a lawyer that will be paid for by mom's funds. Do they have a prenup agreement? How long have they been married? Another possibility would be to call Adult Protective Services to report your concerns. Explain the situation completely, be honest about EVERYTHING, leave nothing out!

Does her medical POA state that you can make decisions related to her living situation? A good resource to find an attorney is the website AVVO. You can post your questions, explain the situation and receive responses free of charge. If you have POA I don't think that he has say in where she lives, though I could be wrong, and laws vary by state. If you think you may end up in court, make sure the attorney has a significant amount of litigation for their practice. AVVO will tell you that also. A wills, trusts, POA attorney will not be sufficient from the sounds of it.

BarbBrooklyn Apr 2014
You hire a lawyer with her funds.

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