As mentioned here, if she's in her right mind and still able to make proper decisions for herself, you'll have an expensive fight on your hands. You might want to share more information so we can be of more help because not every aging person needs a guardian, some are actually still able to function even ride up to the very end
A conservatorship/guardianship requires the filing of formal legal papers, followed by a court hearing in front of a judge. Legal papers have to clearly spell out her physical or mental condition and her inability to make decisions. Family members might have to be notified and given a chance to file their own legal papers, either supporting or contesting the proposed conservatorship/guardian or the proposed conservator/guardian. And the person in question, too, must be given a chance to contest the conservatorship/guardian if she can and wants to. For all of this, you'll need the help of a lawyer with conservatorship/guardianship experience. To find the right lawyer, contact the bar association for the county where you or the person in your care live, and ask for its lawyer referral service. When you contact the referral service, ask for the names of local lawyers who specialize in conservatorships or elder law. You can also contact the National Academy of Elder Law Attorneys for a referral to its members in your area.
We had a difficult time getting any physician to commit to anything close to coming to a conclusion on dad's ability to care for himself, although it was more then apparent that he could not. For the last three years he had to live with my brother and sis in law until we finally came to the conclusion that he needed to be put into an assisted living facility where there was an on staff nurse and aids available 24/7. Hopefully, if he truly needs a guardian, he has a physician willing to commit in writing that this is so.
Assuming no POA has been set up for you Mom and that she is incapable of making safe decisions for herself. You will need a qualified ElderCare Law attorney to walk you through the process. The attorney will need a formal declaration from a doctor stating she is not competent to handle her affairs safely on her own. This can be a time & monetary consuming process, but each is inherently different.
In my county you pay 150 fee to file petition with clerk of court and then the matter will be decided in court. She will have to be found incompetent to make decisions in order to get gardianship.
General age related problems do not rise to the standard required for guardianship. These problems must be severe. You must demonstrate that she cannot care for herself, manage her own affairs , and no longer possesses the legal capacity of an adult capable of making independent decisions and as a result, could be a hazard to herself or others. This requires medical certification and ad litem legal representation of the person under consideration for guardianship. It's a very serious thing to strip an adult of their legal rights to vote, conduct financial transactions, choose their own living arrangements and medical care, and give that responsibility to another person. Make sure YOU are prepared for the personal responsibility and liability.
Does your mom have Dementia or Alzheimer or is she pretty much in her right mind most of the time? If she doesn't have a serious memory problem then you could have an expensive fight on your hands if she doesn't want you to become her guardian.
If she does have serious memory problems, to the point that she's a danger to herself, and you don't have Power of Attorney over her health, you might call the area of aging where she lives and ask their advice. They may pay a visit and evaluate the situation and you can go from there.
Please note that your mother may not be legally incapacitated and thus eligible to be a person placed under a guardianship of either her person or her estate. General age-related issues is not enough to deprive a person of their rights. If a physician certifies that your mother is mentally unable to make the decisions necessary to determine where she lives, what she does, how she spends her money, etc., she might be a person whose rights can only be protected by a guardian.
Legal papers have to clearly spell out her physical or mental condition and her inability to make decisions.
Family members might have to be notified and given a chance to file their own legal papers, either supporting or contesting the proposed conservatorship/guardian or the proposed conservator/guardian.
And the person in question, too, must be given a chance to contest the conservatorship/guardian if she can and wants to.
For all of this, you'll need the help of a lawyer with conservatorship/guardianship experience.
To find the right lawyer, contact the bar association for the county where you or the person in your care live, and ask for its lawyer referral service. When you contact the referral service, ask for the names of local lawyers who specialize in conservatorships or elder law.
You can also contact the National Academy of Elder Law Attorneys for a referral to its members in your area.
If she does have serious memory problems, to the point that she's a danger to herself, and you don't have Power of Attorney over her health, you might call the area of aging where she lives and ask their advice. They may pay a visit and evaluate the situation and you can go from there.