Follow
Share
Read More
This question has been closed for answers. Ask a New Question.
Find Care & Housing
I'm not sure I understand all this, but if you have a DPOA AND an elder is declared incompetent, than they cannot change the DPOA or appoint someone else - so would not guardianship be more than you need - assuming that the elder was declared incompetent. I can see if there is some question of that, then the guardianship would be best, even if expensive. Am I right here?
Helpful Answer (1)
Report

In order to be found incompetent there is a test it is called a neuro-psych evaluation, you find out about it through a neurologist. it need not be expensive, but if you have brothers or sisters who think they should be in charge(or contest) that is where the big money comes in...to begin with you file a petition (motion) with the court asking to be the guardian, if you have no contests, it would be about a thousand dollars. Does your Mom agree for you to be in charge, if she is competent? Unfortunately our seniors cannot imagine that they will not be in charge our 87 year old who cannot remember more than five minutes claims she is still in charge if herself, but she was declared incompetent in 2009. So although you want to give a person their autonomy, truth is ALZ. or dementia robs them of that as another person has to step in, whether they want it or not. POA can be signed at a currency exchange and is very valid. Only one person can be guardian,,,so lets say there is not a consensus kind of document, which is what the father thought would happen when he died, about his wife our 87 year old. In case you are wondering, we went through the department of aging to report the other siblings (who had the poa's) were neglecting their mother, never buying her food or medicine, even though they were in charge of her money. Everybody had an attorney, and then a guardian at litem was appointed fee 15,000 lawyer 1 12,000. lawyer 2 10,000, our lawyer was 6,000. all of which ended up being paid by the mothers sale of her property. She, the ,mother is still living at home,but not hers and her children can only see her once every six weeks...their aim was not that they were going to take care of her at home, but screw the youngest son for taking care of his father and then his mother, for spite of being reported...but their true colors are showing and the court is no longer fooled, they lost all their powers a guardian was appointed at $6,000 + a year, a guardian at litem x dollars and the bank poa at $7,000 a year and the caretakers providing 24/7 care, Zip! But she is still in a home and not an NH. the way that she wanted. Even if your mother is incompetent the court may see it your way and all this worry would be for nothing and that is what I am hoping for you, good luck!
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter