Is it necessary to obtain joint guardianship of Mom who has dementia, if Dad is still alive and well and able to give me POA?

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Mom has dementia, Dad is still alive and well. I am worried if something happens to Dad that I need to have some legal paperwork in place to legally care for mom. Make decisions for MOm. Do I need to obtain joint guardianship of Mom if Dad is alive and well and able to give me POA?

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There is a fee, of course, and it could be paid from your parents' funds. I understand that to be an allowable "spend down" if it ever becomes necessary to apply for Medicaid.

Perhaps the attorney can help you out there. By the way. Your parents probably have what is called a "Sweetheart Will", that is to say what is mine is yours and what is yours is mine. Naming each other as beneficiary. After the first one passes, you should have the second one remake their will to reflect a new beneficiary.
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I have heard that it can get expensive obtaining guardianship is why I ask.
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Thank you, I have an appointment with an attorney for all of us to meet next week. They have a will of some sort but I am not sure of the details I will take it with us so the attorney can look over it. There may be something in place already. Mom has dementia and her and Dad live with me. Dad is still working and capable of doing things but my concern is if something were to happen to him we need something in place to be able to make decisions for mom.
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Dad can't give you POA over mom, that's not how it works. You decide who to appoint as your POA when you are still capable and of sound mind so that it is in place if needed in the future, kind of like an insurance policy, except it is ensuring your wishes are carried out. It is good that you are making plans for any future eventualities though. Are you sure your mom's POA doesn't already name an alternate if your dad is unable to serve?
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Dad, unfortunately, cannot assign power of attorney for anyone but himself. If mom's demented state is such that she cannot knowingly understand what she is signing away, and a notary public will ask her questions to ensure that she does know, then it is probably too late to obtain POA for her. Since the subject has come up, it wouldn't hurt for your father to assign POA for himself. You will need witnesses at the signing who are not related and will not benefit in any way.

If you have any doubts about this, I would question an attorney who specializes in eldercare. You will need him for guardianship anyway, should you decide to go that route.
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