I am my mothers POA I have just a written note from her doctor stating that due to her Dementia she is unable to make medical and financial decisions. She now resides in assisted living. Do I still need to get court papers verifying this. Such as also becoming her legal guardian?
Maggie is right on target. In cases where siblings disagree on who should be Guardian, the Judge will appoint an impartial third party. If mom is already incompetent, she cannot sign anything. Now who decides whether she is competent? The Judge, at a Guardianship hearing.
You both might be surprised. If improprieties are suspected, the court may appoint a Guardian Ad Litem for mom so that an unbiased third party looks after her interests.
Just so you know, if mom is competent, your sister can take her to an attorney this afternoon -- and, if mom agrees, you're out and sis can take over in a New York Minute. You won't get guardianship unless mom is incompetent or unable to act.
I am in NC. In March I applied and got guardianship over my mom with dementia. It was not hard. I went to court house filing the paper work, waiting for the hearing to be held. It cost a couple of thousands dollars for mom's lawyer. The Clerk of Court can walk you through it.
4 Answers
Helpful Newest
First Oldest
First
ADVERTISEMENT
Just so you know, if mom is competent, your sister can take her to an attorney this afternoon -- and, if mom agrees, you're out and sis can take over in a New York Minute. You won't get guardianship unless mom is incompetent or unable to act.