Who becomes guardian when no one else can?

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aj6044 Asked November 2017

Who becomes guardian when no one else can?

Someday my parents will have to be under guardianship of someone. It can't be me anytime soon. I have no money, I'm about to graduate college, and my extended family is over all of this mess. I also live far away. I was working with an advocacy company that took temporary guardianship of my mom but she is too much for them to handle because she is just awful across the board. Do my parents become wards of the state or nursing home?

Guardianship Power of Attorney (POA)

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Answer=a court appointed guardian

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Every state has an Office of Public Guardian. Most are located in the court house in the capitol city of the state. That entity works with DHS (Dept. of Human Svcs) and the courts to appoint legal guardians for people who need one when no family member is able/willing to do it.

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I'd consult with an attorney in their jurisdiction to find out how it works there. It probably varies by state. In my state, the county goes before the court and is awarded Guardianship in some cases, if no family member is available. Sometimes, a court approved attorney is appointed, especially, on financial matters, since there is bookkeeping and Annual Accounts to file. While the Ward may live in a long term care facility, I've never heard of them being appointed as a Guardian before.

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Who becomes guardian when no one else can?

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