Our friend has dementia, lives in a nursing home. Her POA is going to resign. Can we get guardianship for her? If so, what are the steps?

Asked by
Answers 1 to 3 of 3
Top Answer
Can you give us more details about who your friend's current POA is and why they are resigning? Are you wanting to be BOTH Durable Power of Attorney AND Power of Attorney-Health Care? You stated "Can WE get guardianship? How many people are going to be guardians? Usually there is a PRIMARY Guardian with a Secondary Guardian named in case the Primary Guardian can not serve as the Guardian. Why do you want to be your friend's guardian? Does your friend have any family that could be a guardian?

Guardianship is a LEGAL "assignment" and there are LOTS and LOTS of REPORTS that you will be REQUIRED to fill out MONTHLY. You will be responsible for ALL of your friend's finances and paying all of her bills.

Google "Guardianship" for your state and go to the state's website. Look at the "Flowchart" of what has to happen to become a guardian. Look at all of the reports that you will be required to complete. Do you have the time and energy and knowledge to complete these forms? Do you have the money to pay for the lawyer who will be handling your petition for guardianship?

You can try to petition for guardianship without a lawyer--some of the people on this website have. The process of obtaining guardianships is not quick. It can take 3 to 6 months or as long as 2 years. You need to talk with an Elder Care Attorney or an attorney who specializes in guardianships before you begin the petition process.
kkoenig426, good answer by DeeAnna. If you haven't found guardianship information specific to your state, here's a link to some good general information in Idaho: isb.idaho.gov/wp-content/uploads/bro_guardianship.pdf

My wife and I have experience with guardianship and conservatorship of three family members in Idaho and haven't found the reporting requirements to be onerous, but the requirements in your state might be different. The costs of obtaining guardianship are usually paid from the ward's funds and if the ward has no funds, then your state's legal aid organization may assist you, or, as DeeAnna said, it is possible to minimize costs by not having an attorney.

Kudos to you for even considering taking on this responsibility for your friend with dementia. Many "friends" shirk away from those with dementia and very few are willing to take responsibility for overseeing their well-being. Best wishes
Why do you feel you would need guardianship? Would financial and healthcare POA serve your purposes as well? Do you feel you would have to do something your friend would be opposed to?

Share your answer

Please enter your Answer

Ask a Question

Reach thousands of elder care experts and family caregivers
Get answers in 10 minutes or less
Receive personalized caregiving advice and support