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TMCulpen Asked May 2017

We tried to get POA of my mother but she refused. What can we do?

My mother has been diagnosed with schizophrenia and is in a mental health facility at the moment, they are trying to get her into a state mental hospital for a time, before hopefully her going to a nursing home. She has a home, car and all the stuff in it. How can we get it so that if the time comes we can sell her stuff if she is unable to come back home. We tried to get a POA before with her, but she refused to do that. But now we are getting to the point that we may need to be able to do something at some point. Can you please help guide me in knowing what to do?

Rainmom May 2017
You may be able to get a temporary or limited guardianship.

A temporary guardianship is a type of guardianship that exists for a specific purpose, and for a limited period of time. During the specified time period, a temporary guardian is appointed for the purpose of handling another person's personal, financial, health, and property matters.

A limited guardianship is a guardianship where the guardian has only those powers granted by the court order appointing the guardian. Whereas, a full time guardian has all powers available to guardians under the law.

For either you will need an attorney to represent you. Hopefully, you'll be able to work something out and be able to help your mother.

notrydoyoda May 2017
There is nothing you can do if she will not give you POA or has not been declared incompetent by a doctor which would open the door for guardianship. I don't think being mentally ill would make her incompetent.

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