Will guardianship insure I can keep control from out of state siblings?

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I have both medical & financial POA's for parent with Alzheimer's.

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In order to be found incompetent there is a test it is called a neuro-psych evaluation, you find out about it through a neurologist. it need not be expensive, but if you have brothers or sisters who think they should be in charge(or contest) that is where the big money comes in...to begin with you file a petition (motion) with the court asking to be the guardian, if you have no contests, it would be about a thousand dollars. Does your Mom agree for you to be in charge, if she is competent? Unfortunately our seniors cannot imagine that they will not be in charge our 87 year old who cannot remember more than five minutes claims she is still in charge if herself, but she was declared incompetent in 2009. So although you want to give a person their autonomy, truth is ALZ. or dementia robs them of that as another person has to step in, whether they want it or not. POA can be signed at a currency exchange and is very valid. Only one person can be guardian,,,so lets say there is not a consensus kind of document, which is what the father thought would happen when he died, about his wife our 87 year old. In case you are wondering, we went through the department of aging to report the other siblings (who had the poa's) were neglecting their mother, never buying her food or medicine, even though they were in charge of her money. Everybody had an attorney, and then a guardian at litem was appointed fee 15,000 lawyer 1 12,000. lawyer 2 10,000, our lawyer was 6,000. all of which ended up being paid by the mothers sale of her property. She, the ,mother is still living at home,but not hers and her children can only see her once every six weeks...their aim was not that they were going to take care of her at home, but screw the youngest son for taking care of his father and then his mother, for spite of being reported...but their true colors are showing and the court is no longer fooled, they lost all their powers a guardian was appointed at $6,000 + a year, a guardian at litem x dollars and the bank poa at $7,000 a year and the caretakers providing 24/7 care, Zip! But she is still in a home and not an NH. the way that she wanted. Even if your mother is incompetent the court may see it your way and all this worry would be for nothing and that is what I am hoping for you, good luck!
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I'm not sure I understand all this, but if you have a DPOA AND an elder is declared incompetent, than they cannot change the DPOA or appoint someone else - so would not guardianship be more than you need - assuming that the elder was declared incompetent. I can see if there is some question of that, then the guardianship would be best, even if expensive. Am I right here?
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Lawyer said not sure they will find her incompetent,
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Guardianship is the only way to guarantee you have no problems. Sunflo2 is absolutely right but this takes a very proactive approach. Guardianship guarantees cintrol.
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I do have DPOA, Mom can not give him anything now as I have been taking care of her finances for over a year. The problem is he gets out of a mental facility and brought her to a lawyer to her DPOA. He almost succeeded as Mom does not fully understand what he is doing. She had spoke to her x daughter in law the same day my brother took her to a lawyer to start DPOA, Mom did not remember. I have filed exploitation for all the money Jay has already been given and the fact he had her take money out of her personal account at assisted living I put in for Mom. He reminded her of her funds and she took money out and gave him $40 for a pizza and did not bring back the change and told her it was left for a tip. This is minor, compared to the thousands he talked her out of when she had her finance control. Now he is trying to get DPOA. He has lost his wife, kids, car and is losing his home that Mom co-signed for. Taxes are not paid on his house and Mom is responsible, He has physically abused me 3 times. This last time was at her facility and he is only allowed supervised visits. At the moment Mom has asked to keep him away. But on the exploitation charge I am trying to hold him responsible for I feel Mom's Elder attorney should represent her, Not a lawyer for me. Her attorney feels Guardianship is the only answer and has told me that for a year or more. I think it is expensive and unnecessary if her attorney goes to court and makes sure Jay can take or have no more money.And not try to brainwash her into thinking he needs to do it. He is my half brother and never until my step Dad passed has he considered me a half sister and calls me by my biological name which I have not used since I was 6 years old. He is greedy......I never would of thought he would do all this. I have lost a Dad, my Mom has declined and a brother I loved so much has turned over GREED...
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You DONT have DPOA authority if mom is still managing her affairs, that is signing stuff, giving brother money, etc. in other words, if she is still making decisions, poor ones or not -- then you don't have a legally "invoked" DPOA. You can't invoke it yourself without a dr's writing that she is incompetent or your mom legally turning over her affairs to you --in which she has to have this drawn up legally with a lawyer who believes she is doing it of her own free will.

BTW, my above post was based on an attorney in VA. I won't give the town...but in my mind the whole system was "f'd" up and my mom is still living on her own. She was diagnosed with dementia by primary care physician who has been her dr for 25 yrs, she was diagnosed same with neurologist, psychiatrist, under behavioral care, etc. -- all documented in med records but the drs were very reluctant to declare incompetency or be challenged in court. I'm designated as her DPOA and the documents were drawn up by her attorney --but without her being declared incompetent in writing and signed by dr and/or mom turning over her affairs for me to manage (which she refuses "as she isn't ready"), then legally there is nothing I can do.

You can go for Guardianship, but it isn't always automatic and can be contested by others like your bro.
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I do have DPOA, but Jay had my Mom at a lawyer ready and talked into giving him DPOA, then did not remember it. Plus she wants to move with me to Virginia, Her Elder Attorney said she needs a Guardian to keep all this under control. Memory Clinic is wrong about their findings. But it has been 6 months since they have checked her. Unfortunately she has a new Doctor that does not know her well enough to write a letter.
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It sounds like you don't have POA invoked. You are only designated as POA if mom is incompetent. BTW, you don't need guardianship if you already have medical and financial POA. You just need to have it invoked via having DR write a letter declaring Mom is not capable of managing her financial and medical affairs on her own.

Then you carry copy of DPOA to bank, etc and transfer funds to a safe account that you control. Leave just enough to pay bills and allowance for mom. Then she can't write checks or give money to sibs.

If they fight it, then LET them take you to court and pay the legal fees to fight it.

You don't have to do anything if you truly have DPOA for mom AND it is invoked. If it isn't and she is still able to manage her affairs even if you don't agree with her choices --then there is nothing you can do.

Posters are correct. Guardianship is long drawn out and traumatic for all involved including VERY EXPENSIVE. And it may not go in your favor, mom will be independently examined by drs, a social worker will visit her home and interview family members friends and neighbors possibly to understand her mental state and how she manages day to day....they could possibly end up saying she isn't perfect, but she's not incompetent and judge rules to leave her as is and reevaluate in 3 mo, yada yada. Then you are nowhere--just out several thousand dollars that comes from your pocket NOT MOMs. They could even appt independent guardian because of family strife and you then lose all control over MOM.

Consult lawyer (elder specialist). That's what I did and that's how I learned about above.
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Mom and I are moving in September to Virginia. I have filed an exploitation charge on my half brother. He has "borrowed" over $45,000 plus was given a Kabota tractor free that is worth $14,000. He continues to try and get POA and has physically abused me 3 times. He was just let out of a court ordered Mental Facility and threw me on the floor at Mom's Assisted Living on 6/30. That is still coming up in court. He needs more money or he will lose his house that Mom co-signed. She does not remember. Adult Protective Services in Vermont are useless and claim that Mom allows this and knows what she is doing. How can she when she does not remember? Jay has no car, repossessed when he was in the Mental Facility.He saved some money (as he is on disability for mental), and got out 3 weeks ago and rented cars, bought a cell phone and buys take out food, yet Mom is responsible for his taxes that have not been paid in almost 3 years. How can any judge not think that is exploitation? I guess I need to hire another Lawyer for if I am to pursue my filing on exploitation. It's not fair. Since my Dad passed in 12/2011 Jay has done nothing but drink, get money from Mom, take out what he had for his retirement, blown money foolishly. He is Bi-Polar. I do not have a lot of money but when I sell my house I have $200,00 equity which I earned, I want this nightmare over before my health suffers anymore...
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Adult Protective Services can be helpful in insuring that there is no immediate jeopardy for the parent with dementia but you must get guardianship if you are planning long term. Getting APS involved can cause more problems. If they can't figure out what or who is a threat to the parent they may opt to have the state seek guardianship. If that happens the state Office of the Public Guardian does not want to manage all of the risks that can be involved with someone they have guardianship over and will put the person in a nursing home. This is much easier for the Office of the Public Guardian.
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