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We live in New York City. Thank you all in advance.

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Thank you for all your help...as far as our being prepared, my siblings and i have been discussing this for the past few months...we are all beyond prepared to take our biological mother to court...our most difficult part will be the financial ability to hire an attorney but between us all, we should be ok to go through with it...we do not have POA, no-one does, she is not competent to sign for herself therefore we have been advised to look into guardianship due to the fact that our biological mother has already filed and been granted next of kin...we were told that we could over ride her next of kin with guardianship...i will gladly return with updates in either favor...& with more questions...God Bless
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I believe that the first step would be to consult with an elder care attorney. You can often get a free initial consult. If you have POA, be sure you really need guardianship. It can be a major headache.
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Do you already have her durable and medical POA? If so, why are you pursuing guardianship?

Is her dementia/Alzheimer's advanced enough that two doctors have declared her incompetent to handle her affairs in a businesslike manner? It will take two doctors testifying to this reality for the judge to consider your request for guardianship in court.

Are you prepared to take your mother to court for this?

If you have siblings, are you prepared for them to be notified about this court case as well as the possibility that one of them may request to be the guardian?

Are you prepared to follow the strict reporting guidelines that are expecting of a guardian?

Are you prepared to spend about $5,000 for this to take place?

If you are ready for all of these, then you are ready to begin the process.

I suggest that you search this site for more information on this topic by using the search site box in the upper right hand corner of this page using the phrase "filing for guardianship"

I wish you the best. Please get back with us and let us know how things are going and ask any further questions that you may have.
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