Is conservatorship needed or not?

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I have a POA and am trustee on a living trust on my mother's property, also a POA health directive, Mother is 89 years old and in a board and care and has early onset dementia. She has heart trouble, lymphoma and one kidney that is working at 50%. She is uncooperative and wants to leave the board and care with my younger brother who is dysfunctional, uses substances, and takes no responsibility for everyday living responsibilities, including paying bills. Mother would be living without a washer, regular medication and in a 500 sq ft cabin with 8 dogs 10 miles from any hospital, should she live with brother. At the present time all of her needs are being met, visiting Doctors, medication, showering, meals, diapers etc. My mother has allowed brother to reside on her property for the last 40 years without any financial obligations. My question is: Do I need to file for a general conservatorship? I have 3 letters from her Doctors stating that she can no longer make decisions and have named me as the successor. Are the documents I have already enough to keep her safe and in the board and care?

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Since your main concern is "do I need more than the letters stating she is incapacitated from the Doctors", then you need to talk to a Elder Car Attorney as they can interpret your Mom's POA document and tell you what the requirements are and how to fulfill them so that you can activate the POA.
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Reply to DeeAnna
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Thanks, she has pension and social security so medicaid is not an issue,,,,
I am the successor trustee on her property, the living trust states should she become incapacited I become the trustee. My concern is that do I need more than the letters stating she is incapacitated from the Dr's? I agree that Guardianship takes time and money, at the present time I will need that to evict my brother and try and sell the property upon her passing or when she is so out of it that she does not know. She has been my brother's biggest enabler, to the point where he is a cripple..... and thinks he deserves to live by the ocean in a resort area on 1 an 1/2 acres for the rest of his life. He does not even take care of the place.
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Reply to QUITbeatingyou
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I think your PO is enough. Guardianship takes time and money, that Medicaid allows you to use Moms money for. Just read where guardianship does not give u the right to sell property, you need to get permission from the court. My financial POA gave me the right to sell. You may one day need to sell for Moms care. Medicaid will not require it but will put a lean on the property when she passes. Once on Medicaid, she will not be able to upkeep the house. No utilities paid or taxes out of any money she has. So brother would have to do it and I don't see that happening.

Keep Mom where she is. Her health problems are such that she will not get the care she needs.
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Reply to JoAnn29
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What does your Mom's POA document state about when and what events need to happen for the POA to be "activated". My Mom's D-POA could be “activated” whenever she was “disabled or incapacitated” such as when she is in the hospital or a nursing home and is not dependent on any proof of her incompetence. If your Mom's POA is dependent on "proof of incompetence", does the document state whether 1 or 2 doctors have to declare your Mom as incompetent?

Since you have a brother who is dysfunctional and has been taking advantage of your Mom for years, you may need to petition for guardianship so that you have more legal leverage to "control" your brother's actions and to prevent your Mom from going to live with your brother in a remote cabin. You need to contact an Elder Care Attorney ASAP-- especially if your family attorney does not specialize in Elder Law to determine what you need to do next.
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Reply to DeeAnna
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