What are the differences between DPOA & Guardianship?
Mom was recently re-evaluated by her Family Doc due to a sudden, significant increase in her dementia symptoms. A mini-mental was done & she scored just 13 out of a possible 30. Despite 3x/day Risperdal, & bedtime Seroquel & Trazodone, Mom's insistence that she needs "to go home" & increasing nighttime wandering are making homecare less & less safe. Her Doc recommends nursing home placement & says that her current cognitive level makes her incompetent to refuse. I've visited 3 local homes & spoken with admissions staff. I have medical & financial DPOA's & a Healthcare Advanced Directive. The admissions couselor at the one facility states that, due to her cognition, I can admit her under the authority of my DPOA's but is urging me to seek guardianship "so that you have a say in what happens to her estate when she passes". She doesn't own any properties, vehicles, etc. Her sole belongings are her bedroom suite, her clothing & her IRA investment fund which would be paying for her care. I'm confused. I thought the DPOA's granted care & financial authority & her will stipulates what happens with her money should she die before it's all gone. What would getting the guardianship do for her or me...other than spend even more of the little money she has left? In what way would a guardianship give me a say in her estate that the DPOA's would not?
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If so, given the other authorizing documents you have, I don't see any need for guardianship. Actually, your mother "had the say" in what she wanted done with her assets. And that's her right.
I think the admissions counselor doesn't understand the issues. Sometimes well meaning (and sometimes not so well meaning) individuals in positions of management or authority learn a little bit about something and think they have enough knowledge to give advice.
I found that out with trusts. Some bankers have no idea how to deal with them but think they do, creating unnecessary work for the trustee.
I don't know what she's talking about in terms of personal liability with a nursing home placement. You do have certain levels of responsibility and liability under a DPOA - i.e., if you were to drain your mother's estate of funds and assets, you could be culpable and have liability for that.
Actually if you don't sign as proxy under the DPOA which presumably grants you financial authority, and sign individually as her daughter, then you would have liability for payment if I'm correct.
Maybe someone more familiar with guardianship can offer more insight.