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Q&A: Guardianship/Conservatorship

 

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Q:

If I Become My Mom's Guardian and Let Her Remain at Home, Am I Responsible for Her Actions?

I am considering guardianship for my 87-year-old mom, who has dementia. She lives alone but has been advised by her doctor many times that she should not be alone. She refuses any help from "home health nursing agencies" and she will not consider moving out of her house. If I become her guardian, will I be held responsible for anything that might happen to her if I allow her to continue living alone for a while longer?

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tags: Guardianship/Conservatorship
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

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