I looked up Sharpsburg, GA and with about 345 people in the town, I suggest you go to a larger town with a superior court. If the doctor is recommending guardianship and she is in the hospital, a judge can give you and immediate guardianship, but you have to file former documents. Get a letter from her doctor, fill out the forms (they are pretty self-explanatory), pay the filing fee, or if you have no money those can be waived, and go to the chambers and ask the bailiff if you can see the judge. This is done in Probate Court or wherever it is done in your larger GA town. Good luck!
I always assumed my father had poa of my dd sister, but he didn't. As she got worse mentally, it was too late to have her sign a poa, so we had to do the guardianship route. If your sister isn't totally incompetent, try to get the poa and dpoa. Guardianship is kind of a hassle.
Just like a trust will protect home and property from probate and some taxes, so do the GDPOA (general durable power of attorney) and the DPOAHC (durable power of attorney for health care, or other advanced directive), both of which carry on into incompetency or impairment, protect the person from the need for a costly guardianship for conservatorship, which as Ryder mentions, is generally not honored across state lines (so if you move the person you're in charge of into another state, you are generally going to pay for a double process, and that doesn't even include if anyone contests your petition for appointment.
If ANYONE learns ANYTHING from this website, it should be to get those two documents in place for yourself or family members IN ADVANCE of any need to have them. You cannot sign legal documents when you are incompetent or otherwise impaired. By then it is too late and your only option is the court process.
In addition to what is referenced article -posted by Melissa R.- it is important to check what the YOUR state via that of parent. In my case the plan is to relocate Mother from her current domicile to that of mine. If granted Guardian/Conservator by the court, it is imperative to see that order be 'honored' or 'recognized' by the state you are moving the family member to. It's a long and expensive process. My case is estimated between $5k-7k and 'up to four months, maybe longer.' That is time I just do not the seem have; I do not cherish the thought of stripping Mother of all her rights, however it appears that will be the case.
What age is your sister and what's wrong with her? Is she actually incompetent and impaired in some way from signing a legal document? guardianships or conservatorships require that you go to court and that the whole family, any interested parties, be notified of what you are trying to do. If anyone contests, there are delays, attorneys fees and extra court costs. If she can legally state that she wants you to be her agent for healthcare and her financial POA, it is far easier & much less expensive to obtain the two powers of attorney you would need to accomplish the same thing.
If there is an Elder Care Attorney in your neck of the woods, I highly recommend investing in one. They know all the ins and outs, and can save you a lot of time, energy and money in the long term by not letting anything slip through the cracks. Good luck to you.
worse mentally, it was too late to have her sign a poa, so we had to do the guardianship route. If your sister isn't totally incompetent, try to get the poa and dpoa. Guardianship is kind of a hassle.
If ANYONE learns ANYTHING from this website, it should be to get those two documents in place for yourself or family members IN ADVANCE of any need to have them. You cannot sign legal documents when you are incompetent or otherwise impaired. By then it is too late and your only option is the court process.
It's a long and expensive process. My case is estimated between $5k-7k and 'up to four months, maybe longer.' That is time I just do not the seem have; I do not cherish the thought of stripping Mother of all her rights, however it appears that will be the case.
Check out this article regarding obtaining guardianship. I hope this will be a good starting point for you.
https://www.agingcare.com/articles/how-to-get-guardianship-of-elderly-parents-140693.htm
Warm regards,
Melissa R.
The AgingCare.com Team