I have POA for my aunt who has Alzheimer's. Do I need guardianship to place her in Long Term Care?

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We think she may fight being placed.

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Does the healthcare POA/proxy allow you to make decisions as to placement? If so, does it have any conditions as to when you can arrange placement? How far along is she in her dementia status - is she potentially in imminent danger? Or is she still relatively self-sufficient?

As to guardianship, yes, it may provide the necessary authority, especially if your POA does not. But your aunt will be allowed to participate, and most states require an attorney or guardian ad litem to be assigned to your aunt to assess her cognitive abilities and determine her wishes, etc. to determine if guardianship is in her best interest and to establish the needed powers for the guardian.

Sorry that I tossed back a lot of questions, but a lot of an answer is a "it depends". POAs may provide such authority - check the terms of your document. As a legal professional, it's almost a standard thing for me to recommend talking with an elder law attorney because inevitably, it's a lot of moving parts and a lot of "it depends". An attorney could certainly listen to the situation, review your documents, determine if applying for Medicaid or the like may be necessary or explain spend-down requirements and advise as to a guardianship/conservatorship.

Best wishes and best of luck.

Try to avoid guardianship at all costs. Does your aunt deserve to be a "ward" of the state? Do you really want the courts involved in your life? If you have a durable power of attorney you have the ability to work with her, her MD and perhaps a social worker to get her in the environment that is best for HER. Attorneys frequently recommend guardianship but least restrictive measures for the elder should be considered first.
I had no problem using my POA. Just make sure u use POA after ur name when u sign for her.
Where do you & aunt live - that can change how things are done - more info please
Virtually all elders fight being placed.

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