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I would like to know how to go about getting my oldest sister guardianship for my mom.
Anonymous2 views3 answers
My mom has had two strokes and is no longer able to care for herself. She is not of sound mind can not read or write and is constantly angry with everyone in our family. She has to be admitted to the hospital on a regular basis for various health and mental reasons but since she is able to sign herself she does not always get the care she needs. She gets very impatient with hospital staff and just demands to go home as soon as she arrives. My father and my three sisters (all of her immediate family) all agree that she should no longer be able to make certain decisions for herself. Her inability to make decisions is contributing to her worsening health.
Guardianship is a process that will definitely require you obtain the services of a competent attorney in your area. Look for an attorney who specializes in Guardianship. They will be able to walk you through the process or help you find alternatives. In most case, you will have an attorney and the court will appoint an attorney to represent the person who is alleged to be incapacitated.
If your mother is able to make her own decisions, she may be willing to name someone to act as her health care proxy (and durable power of attorney - for non-medical issues). This involves having her sign documents before 2 witnesses and a notary. If she is unwilling or unable to do that, you would have to go through the guardianship process in Probate Court.
The first requirement for a guardianship (or a conservatorship - which authorizes another to act for your mother regarding her finances) is to show to the court that your mother is not able to make her own decisions. This is done by getting a Medical Certificate - a document signed by a doctor who has examined her within 30 days of the date you file the Petition for Guardianship, and who determines that she needs a guardian / conservator. Once you file the Petition and Medical Certificate (and a Bond), the Court will issue a Citation - a notice that you must serve on all interested parties. Interested parties include your mother, of course, her husband, and her children. If all agree beforehand, you can file their assents with the Petition. Your mother will have to receive the citation in hand. The citation will include a date, called the return date, by which she or someone on her behalf will need to file any objection. The Court may also appoint an attorney to represent her interests in the matter.
The Court will have a hearing at some point after the return date. If no one has filed any objections and if the court-appointed attorney, if any, agrees that the guardianship should go forward, the court will likely allow it. This is definitely something you should discuss with a probate attorney who understands guardianships. If there are objections, or if the Medical Certificate is not very clear about your mother's need for a guardianship, this could be a long process.
Good luck -
If competent she can give one of you a power of attorney. Otherwise you need to file guardianship/conservator paperwork in the probate court in the county your mother loves in. This can be a tricky process so you want to consider an attorney to help you.
