Need some assistance.

[soonerfan28]

My mother has been diagnosed w/dimentia and my 3 sisters have power of attorney but none of us are for sure how this process works or what we can and can't do w/the power of attorney.

My sister live about 10 miles from were my mother lives right now and we would like my mother to move closer to them so that they can monitor her meds and day to day life. She, at this point is refusing to do that. We are planning to try and force her to move Oct 1st to an assisted living place that is just around the corner from my two sisters. Can we do this w/out having to get guardianship by just using the power of attorney? We have thought about trying to explain that she needs to do this so her rights won't be taken away.

I also spoke to a case manager and he informed me that it would be best to get guardianship before doing anything and that it would be at a cost of $1500. He also stated that if we did not get guardansjhip and my mother was to harm herself and/or someone else that APS would get guardianship of her. I have also contacted a elder law firm in Tulsa and am awaiting a call back from them.

Any assistance would be greatly appreciated. Thanks.

[Mjcpr]

There are a number of Alzheimer's message boards out there where you might ask the question(s) or browse for others who have asked the same questions and see what they say. There will be a lot of people there that will have experienced everything you could possibly think of. They are a good resource.

http://alzheimers.infopop.cc/eve/ubb.x
http://www.healthboards.com/boards/forumdisplay.php?f=13

It seems like a Guardianship was for making health care decisions and POA was for other things such as selling the house, opening/closing/accessing bank accounts, etc. There will be a lawyer along to give you better information I'm sure, but I've had both and dealt with this as well...good luck, it's not an easy road. :(

[soonerfan28]

Thanks. I'll try that.

[Mjcpr]

You might "shop around" that guardianship, just to see if that's the standard rate. I'm pretty sure it's a standard legal filing and most lawyers could do it for your with the only variance being the cost.

[soonerfan28]

That was coming from a case manager who works w/the mentally handicapped. That is the field that I'm in and it seemed like I had spoken to someone who had said that for first time guardianship you can get assistance w/the cost.

[I Am Right]

Sorry about your Mom----Isn't it a little unusual for 3 people to have power of attorney? Hmmmm- maybe you should only give 1 the power of attorney!

[StoopTroup]

That sucks 28.

Prayers for you and your Family that you'll all get the needed assistance and that all your decisions come easy and without anxiety.

[Okla-homey]

See my imbedded comments based on the facts as you've furnished them. Your mileage may vary, etc.


My mother has been diagnosed w/dimentia and my 3 sisters have power of attorney but none of us are for sure how this process works or what we can and can't do w/the power of attorney.

My sister live about 10 miles from were my mother lives right now and we would like my mother to move closer to them so that they can monitor her meds and day to day life. She, at this point is refusing to do that. We are planning to try and force her to move Oct 1st to an assisted living place that is just around the corner from my two sisters. Can we do this w/out having to get guardianship by just using the power of attorney?

Short answer. Not in any jurisdiction with which I'm familiar. Think of a power of attorney as a document that gives a person authority to act on behalf of, and in the best interest of, the person who executed the power of attorney as to the generally "routine" matters of life. POA's are freely revocable by the maker and the POA continues in force only as long and the maker wants it to.

Now, when it comes to compelling another to do something against their will, a POA just won't get you there. A court approved guardianship sounds like the ticket based on the facts you've shared. Know this though, its worth it to retain counsel for assistance in acquiring said guardianship because there's more to it than simply appearing in court and advising the judge mom is not able to make decisions for herself anymore. The court will require some proof a lawyer who practices in that area can compile and present, along with drafting of the appropriate filings.

Additionally, that lawyer can help keep the guardian out of dutch by advising the guardian on his/her legal obligations as to preparation and submission to the court of required reports and financial accountings due at regular and specific intervals after the guardianship is granted -- which are required as a safeguard to help prevent guardians with less than pure motives from blowing the ward's assets.

We have thought about trying to explain that she needs to do this so her rights won't be taken away.

I also spoke to a case manager and he informed me that it would be best to get guardianship before doing anything and that it would be at a cost of $1500. He also stated that if we did not get guardansjhip and my mother was to harm herself and/or someone else that APS would get guardianship of her. I have also contacted a elder law firm in Tulsa and am awaiting a call back from them.

Any assistance would be greatly appreciated. Thanks.

If you want, I know a lawyer in town who practices this stuff and who actually teaches other lawyers all the ins and outs. PM me if you want her name.