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PussJr Asked January 2020

If you have financial and medical POA, HIPAA and successor trustee for Grandparent with Alzheimer's is it necessary to obtain guardianship?

Rosered6 Jan 2020
If admission to a nursing home seems necessary, you might need a guardianship to make it possible. In my state, a person who has Alzheimer's disease cannot be admitted to a nursing home without the person's consent, even if the person has a health-care POA.

GardenArtist Jan 2020
PussJr, successor trusteeship creates entirely different responsibilities and authority than the other documents you mention.    Is this for a Living Trust that's being used now, to fund medical or other expenses?  Who's the initial Trustee, or Settlor?
PussJr Feb 2020
Yes. Revocable Living Trust, that my Grandparents uptained from a Lawyer.

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bicycler Jan 2020
PussJr, the existing documents may or may not prove to be sufficient, depending on future events and behaviors of your grandparent as well as all other interested persons. It's good to know that guardianship and conservatorship are options to pursue if necessary, but based on the limited information you provided, it would probably be premature to seek those solutions absent a reason to do so. Www.AgingCare.com has artcles about when guardianship may become necessary.

The experience with my dad was that we had all the documents in place that your grandparent does, but those turned out to be insufficient when push came to shove in planning for the use of his assets to pay for his probable future care in a facility best suited for his needs. So, I obtained both guardianship and conservatorship and proceeded to plan for his future care. The total cost of getting guardianship was about 1/4th of the $20,000 mentioned by Riverdale -- still not cheap, but well worth it to ensure my dad got the best care available.

Best wishes for your grandparent's future.

Riverdale Jan 2020
I would say no unless there are possibly circumstances of very irrational behavior. Since you have made very important legal steps have you inquired this of the lawyer you used for what you have obtained to date? I have basically what you have for my mother. She willingly agreed to this. Guardianship was never brought up and I dealt with a very thorough lawyer who is very experienced with elder care issues. What I know about guardianship is that it is expensive,a lengthy process and generally needed when an individual is no longer of sound mind. I have a close friend who was possibly going to have to consider this after her husband's stroke but with frequent gentle coaxing she and their daughters were able to have him agree to POA for him. She was told that guardianship could cost her around $20,000 and would be difficult as someone would be assigned to represent her husband's interests and would be in an adversarial position against her since the process can be assumed to be against someone's wishes yet that person is no longer able to process any wishes.
PussJr Jan 2020
Yes all in my Grandparents Revocable living Trust was uptained from a Lawyer.

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