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Satoshi Asked June 2022

Should I petition for guardianship & conservatorship for my mother with dementia even if I already have a Durable POA & a Medical POA?

GardenArtist Jun 2022
Satoshi, the question I would be considering is how guardianship will (a) change the situation and (b) benefit your mother and (c) benefit you?   It will involve a lot of record keeping and reporting to the court, which can be a nuisance when you already are busy with caregiving.  

There's a possible other route that could be more beneficial.   How long was your mother married to your father?   Was she ever naturalized here in the US?  I ask b/c as wife of a serviceman, she may be entitled to GI benefits through the VA (Veterans' Assn.)

Is your father still alive?  Were they ever divorced, and if so how long were they married before this occurred?  Also, how long were they married even if there was no separation or divorce involved?

Conley seems to be fairly close to Atlanta; you might contact the Atlanta, GA VA and ask  to speak with someone about qualifying your mother.   

https://www.va.gov/directory/guide/fac_list_by_state.cfm?State=GA&dnum=ALL

I would contact the Atlanta VA location; it seems to be an HQ or central site for Veterans' assistance in GA.

Good luck!

AlvaDeer Jun 2022
Satoshi, I welcome you first of all to the Forum.
I would suggest, since this is all new to you, that you see an elder law attorney. You are the POA, and this has many rules, many obligations, and many duties, including your being responsible to handle your elder's money now that she has severe FTD. You will have to be accountable and on record for every penny in and every penny out. You will have to know all the rules against self-enrichment.
You Mom's funds pay for this visit. You will need to be on all her accounts, and will need to register with all banks and all bill paying entities as POA and will have to proceed to register your papers with each of them. IRS/SS/Medicare don't accept POA papers. You would have to become rep payee for SS if you need it.
Because all these duties may be new to you you have a huge learning curve. I know, as I did it, having been POA and Trustee of Trust for my brother. You will need to learn to keep files and receipts. You will need to learn to make certain your elder doesn't "gift money". You will need to learn, in short, to protect her finances.
Your POA document should allow you to set up a payment for these services to your Mom and that contract can be drawn with the Elder Law Attorney, so make an appointment today.
Meanwhile look up the rules of POA in your State. If you have not yet made yourself the POA on all accounts you may need letters from MDs (two, usually) that your elder is no longer competent to make her decisions.
Wishing you luck, but that's where you need to start, so go online today, and make an attorney appointment today.
As to whether you require guardianship? That's unlikely unless there is another family member fighting to control all your elder's money and choices. In that case guardianship may be a good idea, but that's all down the road.
Best to you, and again, welcome.

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Geaton777 Jun 2022
Why do you think you need this? It can be an expensive process and your 4 other siblings live far away.

BarbBrooklyn Jun 2022
From your profile:
I have 4 older siblings in Japan, however I was raised as an only child as I was adopted when my mother re-married to America Serviceman in 1968. Currently my wife and I are living separately due to her being the caregiver for her mother who is in an advanced stage of Alzheimer's disease. Therefore, I am the only daily caregiver for my mother who has been diagnosed with FTD. My mother does not have a husband, companion or relative here in the US. Her condition and mental state continue to decline and I'm not sure how long I can cafe for her. I'm still learning about the disease and how to manage my mother's ever-changing behavior, but I hope to get some valuable information on this forum. see less

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