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Q&A: Guardianship/Conservatorship

 

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Q:

How Do I Use a Power of Attorney to Prevent My Mother and Stepdad from Making Poor Decisions?

I am the alternate agent under my mother's durable power of attorney. My stepdad is named as the primary agent. My mom and stepdad are now incompetent, although it isn't documented, and they are making some very bad decisions with regard to money and health care. How do I proceed?

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tags: Guardianship/Conservatorship
Q:

Do I Have to Transfer My Mother's Guardianship If She Moves States?

I am the court-appointed guardian of my mother. This guardianship was created by the courts in Pennsylvania. To better care for her I have moved her to an assisted living facility near my home in Ohio. The assisted living facility told me that I must get the guardianship transferred to Ohio from Pennsylvania. Why must this be done?

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tags: Guardianship/Conservatorship
Q:

How Can I Seize Control of My Mother's Finances From My Sister?

My sister holds the power of attorney (POA) for our mother, but I think she is stealing from my mother. How do I go about getting the POA transferred to me? What documents do I need? 

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tags: Estate Planning, Guardianship/Conservatorship
Q:

Does My Stepfather Have a Legal Right to Prevent Me From Seeing My Mother?

My mother has dementia and lives at home with my stepfather. He will not let two out of my mother's three children see or visit her.  I want to know if I have legal rights to see my mother and, if so, how do I go about doing it? 

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tags: Estate Planning, Guardianship/Conservatorship
Q:

Does Applying for Medicaid on an Incapacitated Person's Behalf Require a Guardianship?

My mother-in-law is in a nursing home and is mentally and physically incapacitated. She has run out of funds and needs to apply for Medicaid. We do not have a power of attorney or guardianship. We are supplying the information requested by Medicaid for the application. Is it necessary to have a guardianship for her before she can receive Medicaid? 

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tags: Guardianship/Conservatorship, Medicaid Rules, Estate Planning
Q:

Can the State Try to Get Guardianship of a Nursing Home Resident's Child?

Can the state sue my elderly mother in the nursing home for guardianship of her Down syndrome child? 

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tags: Guardianship/Conservatorship
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tags: Estate Planning, Guardianship/Conservatorship
Q:

Who Gets to Decide Where My Elderly But Healthy Mother Lives?

My mother is 93, healthy, takes care of herself, does her own laundry, cleans her condo, fixes her own food and does her own grocery shopping. My sister, who lives an hour away, behind her back moved all of her furniture and belongings out of her condo and over to an assisted living facility where she does not want to be. They took her cell phone so she could not call me, and are now lying to everyone about her "memory" problems. She is heartsickened and devastated by the betrayal. She feels trapped and in prison. Can I move her back home, and if necessary pay for in-home care (or someone to check on her daily)? I went to my mother's doctor appointment with her and her doctor recommended assisted living because of her age. My sister has threatened to call protective services if I move her. Can I move her back into the area that she wants to live in -- either in her own home with "home care" or an "assisted living" -- without my sister turning me in to protective services? Does my mother have any rights?

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tags: Senior Living, Estate Planning, Guardianship/Conservatorship

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