If I have Durable PoA, Medical PoA and advanced directive, do I need a Guardianship as well? What does Guardian offer me that the other documents do not?
You're pretty much set up to take care of your elders affairs. Apparently they were cooperative when still of sound mind and had the legal stuff done. That's such a good thing. It's sort of a pre approved guardianship.
If they had not done so, and were now in danger and mentally incompetent you would have to go through the guardianship process. Then you can make decisions on their behalf.
Thank you. My mother died 10 years ago (pancreatic cancer) and she made sure all documents were in place for me to care for my dad, if needed. I am so grateful for her planning.
Guardianship or Conservatorship becomes necessary if people in your family object to what you are doing (or not doing) for the person you are protecting under the POA and health care document.
Guardianship or Conservatorship might also be needed when the POA or Health Care document doesn't include powers that a third party wants to see in the document.
Guardianship and Conservatorship are court proceedings that may involve filing fees, annual accountings and reviews by Court appointed special guardians.
An elder law attorney in your state can review your circumstances and documents, and explain how the procedures work in your state.
If they had not done so, and were now in danger and mentally incompetent you would have to go through the guardianship process. Then you can make decisions on their behalf.
Guardianship or Conservatorship might also be needed when the POA or Health Care document doesn't include powers that a third party wants to see in the document.
Guardianship and Conservatorship are court proceedings that may involve filing fees, annual accountings and reviews by Court appointed special guardians.
An elder law attorney in your state can review your circumstances and documents, and explain how the procedures work in your state.