Our Mother may be moving to live with us. Shouldn't I have guardianship of Mom?

Oh Katie, you said it. On the bright side, I lost over 25 pounds caring for Mom, but not in a healthy way. Not a recommended diet. Just hope I dont gain it back....love me some ice cream. God bless and best wishes to all.

Katie: Absolutely true!

Not only is caregiving hard - it sucks the life out of you! You become a wasted shadow of your former self and usually no one, NO ONE, appreciates the sacrifice you've made. Please think carefully.

Are you sure you can handle it? Caregiving is hard!

Candy, I see from your profile that your Mom has Alzheimer's/Dementia. If there is already Guardianship for your Mom, that tells me her condition has advanced.

Please note that moving someone with Alzheimer's/Dementia to a new home is very traumatic on a person with mid to advance Alzheimer's/Dementia. Are you moving her because she needs a higher level of care?

Are you prepared for her to live with you? Learn everything you can, if you haven't already. Go to the blue bar near the top of the page, click on SENIOR LIVING... now click on Alzheimer's Care, scroll down to the article and read all the articles.

You need to think long and hard before moving mom in with you. I urge you to read more of this forum and all the grief that can entail.

As long as your brother consents and you both agree, you may want to try having this talk with your mom before seeing the court and the attorney who originally set up this particular current guardianship before proceeding. You don't want to cause undue stress on your mom who is actually making the move. I hope you've spoken with your immediate household about this to be sure that everyone else is OK with it. This is always a good idea because sometimes families split over having an extra person in the house who needs care

Candy, you have received great advice. This situation is one an attorney needs to help you with. If you are going to be caring for mom you need to at the very least have Durable Power of Attorney for Health Care. Everything from health care coverage, doctors, prescriptions all should be in place before you move her. Please seek professional help with this

You say "may be moving". Hopefully it is not done yet. As above you need to get it approved. You do not mention if your brother is resistant to this change of guardianship.That is the hurdle. Is he also the POA? That is another hurdle. If it is not agreed upon between the two of you then you certainly will have to petition the court, as you do not need the hassle of communication between each other. Too much of a visible conflict and the court can appoint a third party to be the guardian and you are both out of luck. Try to resolve any issues before you make the change. As for Medicaid you will need to get the responsibility transferred to your state. We had this issue with my MIL. Her other son demanded to be co-guardian even though he lived 2000 miles away. So it was shared, but he never did anything, never came to see her in 7 years and actually twice let his papers expire. It was really all about ego...stupid isn't it???

Whomever has mom in their house ideally would have guardianship. Why is your mother under your brother's guardianship and not you? Or did circumstances change? I am assuming your mother's health has deteriorated and you can better care for her. Check with your local state's statutes on their guardianship rules of law. What happens if she goes into and ER and you cannot sign to have her treated? Work out all the fine print before moving her.

https://www.agingcare.com/articles/how-to-get-guardianship-of-elderly-parents-140693.htm

it's crucial to know what powers a person holds as a guardian. - See more at: family.findlaw/guardianship/guardianship basics
The guardianship statutes of each state detail the specific duties, responsibilities, and powers of the guardian. These statutes should be examined in order to determine the standards that apply to each situation.

POA and DPOA are very very different beasts

making sure your talking about guardianship and not POA. two different things

brother has guardianship now he has total charge of their affairs. If you move them in with you see an elder attorney first and get all the estate and health docs in place and a written agreement stating terms of the living arrangements.
Personally I see being a guardian as huge burden

Sorry, you cannot move her without the surrogate court allowing it. You need an attorney for this one. AND if she is on Medicaid, that stops as soon as you cross the state line. Use some caution, please.