How to get custodial legal guardianship?
Will I actually need an attorney to get guardianship of my mom?
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Hi,
If you go to the TOOLS menu and then to LINKS, you will find several websites in the LEGAL section that will be helpful to you. One of them is the ElderLaw Answers site, which can provide the kind of advice that you're looking for.
Generally speaking, Nancy is right. You will need an attorney to get you through some of the red tape involved in caring for your mother, and depending on the stage she is in, and what her functionality is, you may need to apply to a court for guardianship.
Hopefully you will still be able to persuade your mom to sign the papers that are needed to be allow you to care for her properly so that you won't have to do that. Check the LEGAL section for the links that you need; it's likely that anyone you need to talk to is probably listed there, or will know who you need to go to.
Hang in there and keep us posted,
Ann
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2/12/2012 Hi Tranquildays,
When my Mom started showing the very early memory problems, we immediately took her to an attorney friend and had her complete the following: Durable Power of Attorney, Directive to Physicians, and Texas Medical POA. So, as her Alzheimer's got worse, I have had all the legal paperwork to take over Mom's financial and medical decisions.
Ex: I was able to move her into the Alzheimer's dementia home and later move her to a different location. The doctors must consult me about any change in her treatments or medications they may want to make. Even the dentist office has to contact me first about time to clean Mom's teeth.
If you do not have these types of legal papers, then you probably will have to go through an attorney to get guardianship. Each State has their own requirements. It is best to find an attorney who can explain the State requirements and what paperwork needs to be presented to the Court. You may want to contact an Elder Law attorney especially one who has experience with dementia disease.
Without the POAs or guardianship paperwork, you may find it difficult to handle certain things for your Mother. The following is some info available on this website under "Tools" "Links":
http://alzheimersweekly.com/content/recommended-listings Check under "Legal" section.
Nancy