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Mom has dementia - the paperwork is complete.
My Sister and I want to become co-Guardians for her.
The plan is for my sister to take care of most of her finances - she is an Accountant. I would become Mom's Caregiver. Sister and I are in complete agreement. We have been told by our attorney that the Judge will probably not approve this since I live in another state (Louisiana) Mom & Sister live in Oklahoma. Sister and I are both stable and have passed all background checks. Mom wants to stay in Okla. in an assisted living home, but the funds are not available for this long term. Our attorney says that Mom's attorney is asking that I become her lone Guardian AND that I would not be allowed to move her to Louisiana. In your opinion is it likely that a Judge would not allow me to move my Mom to live with me since I live in a different state?

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Thank you. Now I "get it". Our court date is Feb. 28. Doesn't look good for what we are hoping for. Will just have to deal with the results as it unfolds.
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I am guessing that the attorney prefers you for the guardianship for some reason. It makes sense that just one person is appointed for accountability (as in who is actually responsible) My understanding is that guardianship in many states is viewed as the person (your mom) is actually a ward of the state and the guardian is appointed by the state and and must answer to the state for their actions. Once you take her across state lines you have created a jurisdictional issue. By this I mean you will have taken a ward of the state of Oklahoma out of Oklahoma's area of authority. Her attorney seems to feel that remaining in Oklahoma is her best interest-, that attorney represents her. Didn't you say Mom wants to stay where she is in assisted living? While you say funds aren't available in the long run, sounds like her attorney believes that they should be spent in that direction. This is why the ward gets an attorney. Guardianship is serious and actually gives this power to the state. You really aren't getting the authority, the state actually has the responsibility and authority. Many families prefer other methods of relaying this decision making that don't involve the state in their family business. And you now know why.
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I live in Louisiana - Mom and my Sister live in Oklahoma.
This is a 6 hr drive. Mother's attorney wants to make me the sole Guardian, but wants to add that Mom cannot leave the state of Okla. It just doesn't make sense to me.
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Sorry your mom's attorney, not your MIL's. If you are worried about taking your mom against her will across state lines before being made her guardian, you had better clear it with her attorney first. We traveled with my MIL's psych evaluation results in case there were problems along the way.
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We were advised by lawyers in the 2 different states in our situation, Mississippi and Texas, that guardians and their wards had to live in the same state. My husband moved his parents to our state and applied for guardianship at that point. I can see your MIL's attorney's wanting one guardian to be held accountable to the court, odd that the fact that you live in another state isn't a problem. Are you both located very close to state lines? I have read about exceptions being made for small distances.
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