Do I need a lawyer to file emergency guardianship? - AgingCare.com

Do I need a lawyer to file emergency guardianship?

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My mom has dementia and clinical depression. I am her mdpoa and consent for electrical convulsive therapy is the only treatment the poa does not cover. Dr told me I need to obtain emergency guardianship. Is it faster with an attorney? Expensive? Or can I apply on my own. Got the paperwork, just need help if necessary. What can the attorney do that is different than me on my own?

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geo 123 thanks. I am the mpoa. My mom's treatments haven't started and that is why she is there alone 3 hrs away. I had to go before a judge to get her admitted and not lose the bed, also to get permission to drive her myself. They wanted transport by ambulance, over $4000 her cost. Now Dr is stating I need to have guardianship immediately, for consent for ect therapy. I've had to fax them poa papers twice, they didn't get the copy from the hospital she left. It happens to be a very good medical/psych unit. It is difficult enough let alone... but I have to keep up the process for her just as she asked me to do in the first place. Just seeking real direction from people like us who live it.
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As long as you understand what you're filing out, go for it. I sure find it interesting that your mom's medical POA specifically excludes this procedure. I wish I knew why. I've never heard of that specific exclusion. Is this something the medical POA actually SAYS or what the doctor is telling you? I'm suspicious. (I was born that way.)
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Thank you geo 123
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I got distracted during my answer, my apologies, but I shouldn't have included the part about the papers, as you do have them.

But, as well as the papers to fill-out, make sure you carefully read the instructions, because guardianship can have different requirements than MPOA, and you need to make sure you follow through on them to make it valid.

Also, if it says it somehow requires going to court, that's another place where you might consider you want a lawyer.
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Even if you can apply on your own, you have to know how to find the forms, and that sort of thing.

You could take a look in your state and see if there's something helpful that makes it clear to you whether or not you could do this, yourself. Also, the hospitals sometimes link to the state web-sites with all this.

In some state, I have found that the state bar association will also post standard legal forms on their web-site.

However, with regard to guardianship, I suspect in all states that it's something where you should get a lawyer, because I think there are some notifications of close family members and other details that might be involved and it's probably faster if someone who knows all this steps you through it.
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