I would say in the state the parent lives. I would think like a lot of things, law is different in every state. But, how can you be a guardian in another state?
You can only obtain a POA if your parent is competent and willing to execute it. Otherwise, you have to go to court and establish incompetence and the need for guardianship. Either guardianship or POA have to be obtained in the state in which the subject of either (i.e., the parent) resides. If you subsequently move the parent to a different state, the POA or guardianship will still be good, at least for a while. Many banks won't honor POAs that are more than a year or two old. If the guardianship has to be renewed, you would have to renew it in the new state of residence, but be aware that state laws may differ.
You file where your parent lives (if that is whom you are overseeing); in that county. I filed in January and my court date is in April (St. Clair County, Michigan).
Your need to get an elder care lawyer in the state and area where your parent lives. The lawyer will have to file a petition of guardianship for you and represent you in court
Maybe you do not need Guardianship. It is possible that a POA would be sufficient. This is something that you really should discuss with an Elder Care Attorney. I had Guardianship for my Husband and it is a pain in the @$$. I would avoid it if possible. It is an expensive way to go and there is a lot of paperwork involved.
Also, for the first few years, I was my parents POA. Let me tell you, the POA only gives a limited ability to do things for your parents. Your parents can revoke the POA at any time. For the first year that I had legal guardianship, I did it long distance, since they lived in Oklahoma, and I live in Washington State. The courts allowed me to be reimbursed for all expenses, legal and otherwise, out of my parents finances. Legal guardianship doesn't have to be renewed yearly, but I do have to give an accounting of my parents bank accounts and answer for all monies spent. I agree with what was already recommended. Get an elder attorney.
I agree with Grandma1954 and Commutergirl. Talk to an elder attorney to see if POA is sufficient. The guardianship IS a pain, and has to be renewed annually, from what I understand. It’ s also costly to do. Check first!
My parents lived in Oklahoma and I live in Washington State. I had to go to Oklahoma and file for legal guardianship of them. I found an attorney in the town next to them and started the process, then finally went before a judge with all of the proof from doctors and family showing them incompetent. The judge granted the legal guardianship. I have since moved my parents to Washington State, where they live in an adult family home.
I think that what all of us attempting to tell you is......VERIFY WITH THE STATE REGARDING ALL LEGAL NECESSITIES THAT WILL PROVIDE YOU WITH THE BEST OPTION(S) WHILE PROTECTING THE PERSON IN QUESTION.
Every State is different but the same in so many ways.
Personally, I have been researching all of this and other issues so as to be prepared; for almost 1.5 yrs. When I say all issues, I mean everything from Durable POA, guardianship, conservatorship, in-home care, Medicare, Dr documentation, nursing home care.....
I even have Adult Protective Services involved, which I prayed I would never have to do, but the situation finally called for it to be done.
I had to do this research for what has now become my responsibility; as well as having to be informed should I have the need to take siblings to Court.
You don't need to hire an attorney if you're just starting the process. It sounds to me that you're looking for a starting point right now.
This is where researching everything you can, especially if you have siblings or you have to contend with family members who will fight you all the way to Court.
Get your Ducks in a row first. Find out all the different ways to help. Call the State/County Law Office for help.
That is the first thing I was afraid of doing as I thought I would lose 6 ways to Sunday because of what my siblings had done behind my back.
The best money I have spent thus far is a membership to a very reputable legal service and other services by this company.
I present the situation, the State Statutes, what I think the Law is telling me to an Estate Attorney. The attorney is not in my home State, but is required to research State Law BEFORE providing an answer.
So far, I have had legal backing for all of my questions and my understanding of the Law. Right now, $46 a month is better spent for me than paying an attorney's hourly rate only to find out I can't do something because my siblings had Mom sign a legal document and I would have to prove fraud.....which has happened 2x now.
You have had so many answers thrown your way and all answers are probably blowing your mind right now.
Step back, Zen for a few minutes and start your research. Doing this for myself, as I have stated, has provided me with so much knowledge and how to handle siblings now.
Trust yourself, you can do this even though it is so frightening. I am scared to death right now because my siblings have left me with an extremely horrible mess to clean up now. I have to contend with step-siblings too! They're afraid that they won't get anything should their dad pass away before my Mom. I have to explain to them how that all works!
YOU CAN DO THIS, YOU CAN DO THIS Keep repeating this mantra, I do every single day.
I filed in January and my court date is in April (St. Clair County, Michigan).
This is something that you really should discuss with an Elder Care Attorney. I had Guardianship for my Husband and it is a pain in the @$$. I would avoid it if possible. It is an expensive way to go and there is a lot of paperwork involved.
For the first year that I had legal guardianship, I did it long distance, since they lived in Oklahoma, and I live in Washington State. The courts allowed me to be reimbursed for all expenses, legal and otherwise, out of my parents finances. Legal guardianship doesn't have to be renewed yearly, but I do have to give an accounting of my parents bank accounts and answer for all monies spent.
I agree with what was already recommended. Get an elder attorney.
Every State is different but the same in so many ways.
Personally, I have been researching all of this and other issues so as to be prepared; for almost 1.5 yrs. When I say all issues, I mean everything from Durable POA, guardianship, conservatorship, in-home care, Medicare, Dr documentation, nursing home care.....
I even have Adult Protective Services involved, which I prayed I would never have to do, but the situation finally called for it to be done.
I had to do this research for what has now become my responsibility; as well as having to be informed should I have the need to take siblings to Court.
You don't need to hire an attorney if you're just starting the process. It sounds to me that you're looking for a starting point right now.
This is where researching everything you can, especially if you have siblings or you have to contend with family members who will fight you all the way to Court.
Get your Ducks in a row first. Find out all the different ways to help. Call the State/County Law Office for help.
That is the first thing I was afraid of doing as I thought I would lose 6 ways to Sunday because of what my siblings had done behind my back.
The best money I have spent thus far is a membership to a very reputable legal service and other services by this company.
I present the situation, the State Statutes, what I think the Law is telling me to an Estate Attorney. The attorney is not in my home State, but is required to research State Law BEFORE providing an answer.
So far, I have had legal backing for all of my questions and my understanding of the Law. Right now, $46 a month is better spent for me than paying an attorney's hourly rate only to find out I can't do something because my siblings had Mom sign a legal document and I would have to prove fraud.....which has happened 2x now.
You have had so many answers thrown your way and all answers are probably blowing your mind right now.
Step back, Zen for a few minutes and start your research. Doing this for myself, as I have stated, has provided me with so much knowledge and how to handle siblings now.
Trust yourself, you can do this even though it is so frightening. I am scared to death right now because my siblings have left me with an extremely horrible mess to clean up now. I have to contend with step-siblings too! They're afraid that they won't get anything should their dad pass away before my Mom. I have to explain to them how that all works!
YOU CAN DO THIS, YOU CAN DO THIS
Keep repeating this mantra, I do every single day.
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