Follow
Share

My mom has dementia and lives with me. I have POA and DPOA-Health, also I have Representative Payee on her SS check. Should I get Guardianship also or will that cover all I need to take care of her.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
I was told I needed guardianship because my Dad could not sign legal documents. Guardianship is very expensive!!! I wish that I would not have gone down that road but it is too late. It sounds like you have covered all your basis and unless there is something going on with your Dad's life and you need to protect him, I would NOT go for the guardianship. The worst part about the guardianship is you have to keep an accounting of every little cent you spend for your Dad and then report it to the courts. Also my Dad wanted to help pay for his grandkids college education and I was told as long as he is alive, I as his guardian can not use any of his money for that. I was told it has to been used all for his care. I have spent a lot of money on elder care lawyer fees also. Originally the elder care lawyer said my Dad could help with college expenses and then when the guardianship went through, the story changed. In my opinion there is absolutely no advantage to guardianship and it will end up costing your Mom a lot of money.
Helpful Answer (2)
Report

Unless she has assets in her name that you need to use for her care or make decisions on, I would think the POAs and Representative Payee status on SS would be enough. I had to seek guardianship for my mother who has dementia after my father passed because although I was her Representative Payee and was on my parents' checking accounts, we had no POA for her and the lawyers said at that point she was not competent enough mentally for us to get one. As there was a house and insurance policies and other decisions to be made, guardianship was a necessary route. But as Pookie says, it is very expensive and tedious and time-consuming (part from the care you give your mother.) So only go that route if absolutely necessary. An elder care attorney can advise you.
Helpful Answer (0)
Report

Remember that a guardian makes life decisions (where to live, etc.) while a conservator manages the money. Both involve a court process.
Helpful Answer (0)
Report

My Uncle is a Lawyer. He had POA papers drawn up for everything. If you can get POA papers for medical and financial, then you should be set. I have yet to have a problem and that was 2 years ago. I am POA full, is what I call it; for both my parents who are disabled. Remember to make tons of copies of the papers and send them to everyone of the places she has bills, and hospitals, and Banks.
She is counting on you to make her decisions for her. Check out the laws in the state you are in just to make sure. That is what I did. Plus having an Uncle who is a Lawyer helped too.
Good luck, and God Bless you!!!
Helpful Answer (2)
Report

Check with ElderCare attorney. I was told if I had DPOA (both financial and medical) then this was all that was needed. I have a springing type -- which means I have to get doctor to provide written declaration of incompetency (not easy because they don't like to do it). Most DPOAs are not "springing type".

I've been advised to seek guardianship and conservatorship because of the ridiculous springing DPOA my mom wrote. I chose not to do this -- because of the $$, time and likely poor outcome. I've only heard bad things about this through the courts.

Have elder law attorney review your POA and provide advice. If it gives you the clout you need; then just make multiple copies; carry with you at all times and submit a copy wherever you are asked (banks, county clerk, DMV, NH, AL, Doctor appts, etc.) -- you should be good.
Helpful Answer (0)
Report

I had to get a Guardianship for my husband when he had severe brain trauma because I did not have a POA for business, just healthcare. In Nebraska they are a nightmare. If you have a POA for business and healthcare, you should avoid a guardianship like the Plague. You would need a Judge's approval for almost anything.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter