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bloomschool Asked November 2016

Does anyone have experience with obtaining guardianship, and how to do it?

Hello! My 94 year old mother, who is living independently, calls me up with some sort of problem daily. Such as how to use the microwave, how to use the phone, how to email, etc. I see her memory failing a little bit week by week. She refuses to go into a retirement home. So, I am thinking that I will probably need to become her guardian and just put her in a home where she'll be safe. And the homes we've looked at, supportive living Medicaid homes, are actually very nice. I feel confident she would be better off in the home, safer, happier in the long run. But she refuses. So I'll have to become her guardian and just put her in a home.  Thanks!

bloomschool Nov 2016
Wow, nothing is easy. Maybe I should just have her doctor evaluate her and make recommendations. Then go from there. It sounds very expensive.

Sunnygirl1 Nov 2016
Right. I might consult with an Elder Law attorney who regularly handles these types of cases and get information and advice on what proof is required in court. I'd do that first, so you know what you will need to prove and what evidence you'll need.

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pamstegma Nov 2016
Yes, you start by seeing an attorney and start a petition for Guardian. Your interested family members (siblings) are invited to a show cause hearing. A court evaluator interviews them and your mother. Your mother is appointed a separate attorney to represent her side.
Be sure your mother's medical records show some sort of cognitive impairment. If her MD says she is fine, and she says she is fine, you'll lose and it will be expensive on your part.

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