Gaurdianship or conservatorship or ?

[TooPatient]

Hi,

I take it this person has made out a will. I would think that the POA was made at that time. Is there a POA for healthcare and a power of Attorney for Financial matters. I have both.
If the person is incompetent to handle her affairs, and if she needs 24 hr care, you should have no problem asking her Drs to write that she is incompetent. Once she is medically declared incompetent she can no longer change her existing POA. Where would she get the documents now to do such a thing.?
Any individual that is spending 15-20 thousand a month on care could save money by going to a nursing home $8.000 a month. If, as it appears to me that you are fine with existing POA, just talk to her doctors. Frankly, I think something is missing from this discussion.. They have competency tests, you know.

Annette

My son and my ex-husband have conspired to get guardianship over me. My niece has POA healthcare and property. I was shocked looking at the correspondence.

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Lots missing due to the whole mess being odd. Basically, it is set up with a good POA and all that. Another family member moved in until she could find a place to live then said she couldn't move because she was helping care and can't afford anything anyways. She puts on quite the show as she times her tears and everything. So this person has been manipulating to get POA and will changed. We are scrambling to ensure things stay as is so that the care can continue in the fashion the unwell one had wanted and directed while she was still sound. Facilities around here are $$$$ so would cost as much or more without going state subsidized through a long waiting list and those are not places you want to go if you can avoid. Her wishes have always been to remain at her home and that is what everyone promised to help her have. Even now, she is adamant about that if you ask during a clear moment.

 

[TooPatient]

So the ill person is requesting that a new POA be made naming the less-responsible person?

If there is not a new POA, then the current POA is active and the less-responsible person has no legal power to act on behalf of the ill person. Without legal documentation the less-responsible person should be unable to do anything.

Or, did the less-responsible person already somehow obtain a new POA "legally signed" by the ill person? Only if there's a new signed POA would you need to go to court to challenge ...

We're working to get the incompetent thing established before they can have the other person put on paper. The responsible one is current POA. Looking back at medical records, there should be plenty of a trail of decline. This isn't a recent thing, the responsible POA just didn't want to cause her upset by officially declaring her incompetent and all since things had been going fine.

 

[TooPatient]

My son and my ex-husband have conspired to get guardianship over me. My niece has POA healthcare and property. I was shocked looking at the correspondence.

That is horrible! Part of why this is stressful at the moment is the existing POA (and I for that matter) see such things as a last resort to be done only if there is real risk to the person in question. This is something that most of us never wanted to see come. Sadly, there is another in the family who manipulates and takes advantage. If things work out the way she is after, it will mean financial ruin for this person and mean her final months/years are not what she had wanted and worked hard to ensure. She saw her mother and mother in law both moved to facilities and has always insisted that she NEVER follow them. The "estate" is small enough that by the time she has been cared for, there isn't anything that to fight for. We just want to see her as comfortable and happy as possible through her lifetime.

 

[Lookinagain]

Perhaps if the current POA goes into court and asks for a conservatorship then that would generally give them court sanctioned ability to control assets beyond a POA which can be revoked or amended by the relative in what might be deemed a lucid moment.

 

[smitcompton]

Perhaps if the current POA goes into court and asks for a conservatorship then that would generally give them court sanctioned ability to control assets beyond a POA which can be revoked or amended by the relative in what might be deemed a lucid moment.

Hi,

How does anyone go into court without showing, from a medical professional, that the individual has some sort of dementia. It was suggested that you take a video of an example of said dementia and show it to her doctor. Then her doctor could order some tests and you then have proof. The court will send you back home without medical verification

My POA all require 2 witness signatures and my signature witnessed by a notary. She seems almost incapacitated from your description. How will this be done."

I am assuming she gets medicare. Medicare provides in home services for bathing, tests, medical equipment, nursing. They do not provide housekeeping services. What exactly are you paying for , for that 250,000 outlay"

The nursing homes that I have seen offer a range of activities for long term residents. Many if not most have dementia. They are cared for well and if I begin to show signs of dementia I am at peace with the nursing home. But not until that time.
Its good of you to take an interest in this person. Elder services is also a place to contact for more information. They are helpful.. Goodluck

Annette

 

[Lookinagain]

Hi,

How does anyone go into court without showing, from a medical professional, that the individual has some sort of dementia. It was suggested that you take a video of an example of said dementia and show it to her doctor. Then her doctor could order some tests and you then have proof. The court will send you back home without medical verification

My POA all require 2 witness signatures and my signature witnessed by a notary. She seems almost incapacitated from your description. How will this be done."

Well, it probably depends on your state. A conservatorship where I live, only gives the conservator control of assets. A guardianship deals with control over the "person". I don't think where I am that a conservatorship requires proof of dementia, only that the person cannot handle their financial affairs. If the POA has already been doing that, I would think that is part way there. Claiming something like undue influence by the person seeking a new POA may be enough without claiming dementia. The elderly are often subjected to undue influence by caregivers and it's not always caused by dementia but sometimes just by lonliness and misplaced trust and gullability. Again, it varies by state which is why the OP needs to speak with an attorney in the state where the relative lives.

Not sure about the notary and witnesses. The witnesses can be anyone dragged in off the street so long as the attorney-in-fact isn't one of them. And now with remote online notarization in almost every state, the notary isn't in the room. It could be harder for them to detect issues. That's just a guess.

 

[TooPatient]

I am assuming she gets medicare. Medicare provides in home services for bathing, tests, medical equipment, nursing. They do not provide housekeeping services. What exactly are you paying for , for that 250,000 outlay"

Medicare requires a need for skilled nursing care from what I understand. The way they define things, her care doesn't qualify. That said, we should check into it again in case anything has changed. Things like assistance using the bathroom, bathing, heating meals, and taking oral meds isn't considered skilled. Home aides are only available if skilled is also needed.

 

[croqueusedediamants]

Somewhat different situation, but I have a child with a significant disability. My husband and I had to seek guardianship once the child turned 18. It involved hiring a lawyer who specialized in this area, paying for an. attorney to represent the child's interest, taking a (short) state-mandated training course, a home visit, physician's evaluation, and, of course, a court appearance. We also had to purchase a bond. Like a previous poster, I am in Texas.

As for costs, we also set up a trust at the same time, and the total was somewhere around $15K. I don't recall how much was for the guardianship vs. the trust, but, yes, this can be an expensive road to go down.