How do I go from being the POA to full guardianship?


Mom has crippling RA, a slight case of dementia but fell down and broke her arm, can't walk, feed herself or anything else and wears diapers. She won't let the dr fix her arm and is hostile and paranoid. I am her only child and have a POA, am the executor of her estate and trust and sole beneficiary. The POA says she has to have 2 drs. say she can no longer take care of herself. Do I still have to go to court? She's in rehab now but she will only be there another couple of months and I want to move her from her "independent/assisted" living where she is overpaying and move her to a nursing home where she can get 24 hour care. She will fight this tooth and nail but she can no longer take care of herself and she can't afford a full time caregiver on top of what the "home" is charging her. Is it easier to become someone's guardian if you have all the POA paperwork or is it just as hard.

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im surprised a springing POA would say it takes two doctors to certify that she can't take care of herself. Seems more likely it would say two doctors need to find her incompetent.

I think you need to make an appointment with the atty who originally drew up the POA -- provided he would be your guy to file for guardianship. Since I think you have to go to court anyway to activate the POA, just go for Guardianship. A simple POA is not the all powerful instrument we'd like to believe.

I wish you well.
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Will two doctors declare that she can no longer take care of herself?
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