Looking for advice on guardianship for my father. What questions should I ask the lawyer? - AgingCare.com

Looking for advice on guardianship for my father. What questions should I ask the lawyer?


Both parents live with me in Virginia. My father is on in-home hospice. My mother has power of attorney for my father, which she obtained in New York State when she sold the house. I have power of attorney for my mother. But I fear that if my mother becomes unable to be the power of attorney for my father who can act on my father's behalf? I will be meeting with the lawyer who drew up the POA for my mother to ask what I need to do to be legally responsible for him.



After explaining your situation to the eldercare certified attorney you need to know exactly which type of guardianship your may need. You need to know just how far your are allowed to go before before seeking additional permission from the court. Judges would normally set your boundaries and set guidelines. Have the state laws on guardianship explained.
Look for the online videos that explain guardianship. You may be able to find the questions you want answered, clarified, or need to ask there. Laws may vary from one state to another.
Find out if you would need to file for each of the LO in two separate cases or if it can be combined somehow. Check into financial separation. Check into signing legal documents, including the IRS. I filed an IRS form available online for signing tax returns. SS is another thing, discuss what you may need to do for SS. Ask how to handle bank accounts with the lawyer and the banks.
Hope this helps you some and best of luck.
Helpful Answer (1)
Reply to OldSailor

My father is in Stage 7 Alzheimer's. He cannot understand or respond to what is being said to him. My mother is very ill and on several medications. She has entrusted me to make decisions because she does not want to make any. It has taken me two weeks just to ask her a question. She simply does not want to deal with any issues. I have financial and medical for her. My thought is if she is not in a position to make a decision for my father, I would have to make it, but I need the authority to do so.
Helpful Answer (0)
Reply to demstress

Is your father competent? If he is and no longer wants your mother to be his POA he can assign another. If he is not and is unable to discuss with his attorney what he wants then you would have to file for guardianship and a judge would have to agree with you that you would be the right person over your mom to make decisions for your father.
Your father is on hospice. Is your mom not competent to make decisions as needed?
Does she have Financial and Medical DPOA?
Helpful Answer (0)
Reply to 97yroldmom