Hi, I just replied to this and lost it all when signing in, but I wanted to offer encouragement and wish you the best. I was able to obtain emergency guardianship in VT for my Dad within two weeks on an emergent basis and got it finalized in three months with only two court dates, one of which I did over the phone since I live in VA (VT is a very difficult state to get it in, each state is different). I got a lot of information from the online superior court probate section where there were forms, guidelines and a handbook based on the state's requirements. I did not use an attorney, his living situation and self care declined to a dangerous point and doctors as well as a psychologist confirmed that. I did work extensively with the Area Agency of Aging in his area as well as the Department of Human Services, and I also provided documentation and photos of his living conditions to further confirm his dire need for help immediately. With the emergency guardianship, was temporary while the courts finalized it, I was able to get him in a very nice assisted living retirement home despite his medicaid, and I was able to secure his fiances. I documented everything I did with money, phone calls, meetings and kept copies of all paperwork. It was fairly obvious and I had validation from doctors of his situation so a guardiam ad litem was not appointed, it depends on the specific case, and everything moved fairly quickly. My Dad just celebrated his birthday today and we chatted on the phone, as I stay in touch with him two to three times a week, and I am going up in few weeks to spend the week there with him. He is doing great, and I am thrilled and feel blessed to have been able to get him in a safe and caring environment. It was a lot of work, all the meetings, phone calls and paperwork, but it has been life changing for both of us and was worth every bit of effort on my part and his for all the adjustments he's had to make (that was very hard, but he is happier now). I'm hoping things go well for you.
We just went through the hearing today and my Mom was awarded both guardianship and conservatorship for my father. We started this in the middle of December and it was granted today. We did have letters from his dr and also an evaluation from the VA attesting to his mental decline and psychological testing. The hard part comes after with all of the inventories and paperwork for the court. In our case it is worth it though to keep my Dad safe. I wish you Good Luck. It is not an easy decision to make!!
We only paid $3K in NY, but she was already in Assisted Living, all 3 siblings agreed she needed it and agreed who the Guardian should be. The court evaluator made only one visit and spent two hours trying to get information from her. The head nurse told us she did not answer a single question, but was cooperative and chatty. It was all over at the very first hearing.
I am going through obtaining guardianship and it has been a pain. My mom moved in back in May with no POA or any directives. She would not sign them period. It was against my judgement to move her in without them but I did. So as she has declined we have no power or authority to get any help for her unless we use our funds to pay for it. Well to get guardianship I had to have a paper trail to show her decline. Therapist, home health nurses, etc. She did not like them coming in but it was necessary. This was all paid by Medicare. When this was finished then her doctor recommended a doctor and a referral for competent evaluation. After we received the evaluation we filed court papers with a lawyer that knows about guardianship. Now the courts will send out a person and adult protective services to talk to mom about the process. This will be when it gets sticky because they tell her her rights and offer her representation. If she waives it then a court sets a hearing date. If she does not waive then she has a lawyer representing her and it can get sticky. The court will be the one to state yes she does need a guardianship or no. Also if there are siblings they will need to waive or they can fight it. In my case I met with them and I had them sign the waiver so that part was done before I met with the lawyer. So its been a long learning experience.
I am wondering - why a guardianship vs. power of attorney. If the person is truly incompetent, then you need a darn good, ethical experienced attorney to seek advice and handle this issue. You must be fully prepared with ALL facts why this is needed and you will need written input from at least two, and maybe three doctors, attesting to this fact. In addition, and I am not sure if this is currently the case, it is very, very expensive if the court does grant a guardianship. I recall it was like $l0K but I could be wrong. If there is any way you can be a POA, it might help you.
IN FL good credit is for private Guardianship's, even then they fleece people, family needs Elder Care Attorney but not a credit check, one could be retired, or you will oversee your parent from one state to another. There is family, private and public.
Oilmans wife, you can expect a long bitter expensive court battle. You will need to pay your attorney up front. You will need to prove that you have stable employment and residence, good credit and finances and a spotless criminal record.
If she is against guardianship, clear proof of incompetency for selfmanagement and medical evidence will be required. The state will appoint an ad litem lawyer to represent her interests automatically. It will probably cost a couple thousand for your lawyer to represent you.
I just responded to your question about your uncle competing for the decision making of your mother's care. If you are considering Guardianship, then, I'd consult with an Elder Law attorney in your jurisdiction for advice. Make sure they litigate these types of cases regularly, so they can tell you what is normally required in your area. Generally, the court examines if the person is competent to manage their own affairs, run their household and make appropriate healthcare decisions. Of course with legal advice, they can go into the details of what evidence you would need for court. I think the difficulty depends on your particular jurisdiction. Some places make it more challenging than others.
And if your mother is competent, she may be able to appoint her POA.
I'm hoping things go well for you.
There is family, private and public.
And if your mother is competent, she may be able to appoint her POA.