My brother is overseeing care (financial & medical) of mother who is in assisted living facility. How does he become her legal guardian?

By "overseeing" does that mean he has DPOA for financial and medical.

maxwell8920, assuming that financial durable power of attorney, for whatever reason, won't work, then guardianship/conservatorship will be necessary and can only be obtained through the court in the jurisdiction where your mother lives. This court should have a website available to the public that explains the process required in its jurisdiction. Best wishes.

Financial POA should allow for transfers; careful record keeping is necessary. If it was poorly executed and the Mom no longer able to change it in lawyer's office, then becoming guardian will take a lawyer, application to the court, and you will have to have all correct letters from Mom's doctors testifying to her incompetency.

maxwell, is your mother mentally incompetent so that she can't assign him as PoA? If he is already her durable PoA then he doesn't need to become her guardian, unless maybe the PoA is set up in a way that doesn't allow it. Any extra info you can provide will be helpful.

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