Hello. My mom is in a nursing facility and is about to be admitted long term. She has no POA and I am doing what I can to manage things from long distance. She has a house with a housemate living there and 3 cats. The house cannot be sold due to code issues. She should be receiving Medicaid soon.
There are a lot of things beginning to pile up concerning what to do with the house, taxes, property, manage her care, bills, pending medicaid reinstatement, etc.
At this point, I don't know if I can handle things myself as I have more than a full plate to deal at work and home. How can a guardian be appointed? Is this something the nursing home or DSS can help with?
I want her to have the best care possible.
Thanks
I just got a bunch of medicaid papers from the DSS person. Im not sure what they all are but she may have been accepted. If so I have to deal with the person moving out of her house, her cats and how to shut the place down. Her car is also at my place.
From what I understand, medicaid will use her income to pay for the NH and let her keep 30k plus 50 per month. Hopefully this will give the friend time to move out.
Again I would rather step away but the medicaid/house issues need attention.
https://romanosumner.com/blog/5-things-needed-claim-guardianship-elderly-parent/
In part, it says:
If you have a parent who you think is in need of guardianship, you’ll need to obtain a physician’s certificate or doctor’s letter. After an application is filed, the court will then go through its standard guardianship proceedings to determine whether you are fit to be a guardian.
There are two common alternatives that lessen the burden of guardianship.
Power of Attorney and Medical Power of Attorney grants a person the right to make financial and medical decisions when an elderly person becomes incapacitated.
If you file for guardianship, no matter what, the court has to appoint an attorney to represent your loved one, the proposed ward.
When we think of guardianship we often imagine a child (the ward) moving into the care of a friend or family member (the guardian). But the process can also be used to obtain legal rights over elderly or aging adults who are losing their mental and physical capacities. For the most part the process is similar, but there are five key differences we’d like to discuss when considering guardianship of an elderly parent. You want to carefully consider all aspects of the process to make sure it’s the best course of action for you and your aging loved ones.
[There is much more info on this website.]
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There is a lot of information on the internet on how to appoint a guardian.
I would suggest you call an attorney where you live and discuss your needs.
Gena / Touch Matters
The property is called a distressed homeownership that means the homeowner cannot upgrade or sell it.I wish the best for your mother’s welfare.
What needs to be fixed?
When was the home built?
Does the property have a mortgage owed on it? Unfortunately, no bank will mortgage the home in its condition.
Are there any funds to help bring it up to code?
I learned during the Great Recession of 2008 to 2009 that many homeowners got caught in a distressed situation and simply walked away from their places when the loan balance got higher than the home value and when someone lost a job and income to support it.
Apparently, some homeowners
had no funds to fix places and unable to sell.
I hope you are able to get it soon.
Here’s general advice that applies in most U.S. states for helping someone get a legal guardian for a parent:
Step 1. Confirm guardianship is needed. Before pursuing guardianship (a court process), make sure the person no longer has the capacity to manage their own health, safety or finances, that there is no POA or that the current POA agent is unavailable, unwilling, or acting improperly. Also make sure that less restrictive options, like supported decision making or social services oversight, are not sufficient.
Step 2. Petition the local probate or family court. Each state allows someone (a family member, concerned individual, or the state) to petition the court for guardianship or conservatorship. Guardian of the person handles personal and medical decisions. Conservator, or guardian of the estate, handles financial matters.
Step 3. If you don’t want to be the guardian, you can ask the court to appoint a professional guardian (a trained, neutral third party who is paid to do this).
To make this happen, the person petitioning the court can check a box or state in writing that they want someone other than themselves to serve. The court may require a referral from Adult Protective Services or a doctor/social worker stating the person needs help.
Step 4. Contact helpful agencies. The nursing home social worker can help gather documentation, coordinate medical assessments, and make referrals. Area Agency on Aging offers local resources and can connect families with legal aid or elder advocacy. Legal aid or legal services for seniors offers free or low cost help with guardianship petitions. The state’s Office of Public Guardian or equivalent handles guardianship for adults with no one to assist them.
Step 5. Search online for local help. Search “Public Guardian (county or state name). Search “County name, probate court guardianship forms”. Search “Area Agency on Aging (county or state name”).
I hope this helps you find the support that you need.
So if you want the best care possible it is on you to take care of that.
I would discuss options now with an elder law attorney.
You may want to call APS and tell them that you are unable to manage your mother's care and wish her to have a court appointed conservator to manage her care. But I would first make certain you understand all options moving forward.
Or, you contact social services for the county she lives in and talk to a social worker to see about a court-appointed guardian. Then you won't have to deal with anything except interacting with your Mom. The legal guardian will take care of her taxes, her house, her housemate, etc. FYI the house can eventually be sold, it just needs to be brought up to code and comply with any other state requirements to make it sellable.
Maybe consult with a certified elder law attorney to get details about pursuing guardianship yourself (and a cost estimate as this can vary greatly by state). The CELA can give you the pros and cons of either you or a 3rd party being her guardian.