Page 1 of 2 1 2 LastLast
Results 1 to 10 of 14
  1. #1
    Join Date
    Aug 2006
    Posts
    4

    Default Guardianship of an Elderly Parent

    I live in NY state. My mom is 74 yrs old and seems to be experiencing some dementia. She began "loosing" it when my brother passed away in 2003. I've invited her to stay with me in my home and since Aug 1 of this year she was living with me but she never stays here. I am in the process of getting her an apt of her own in a senior developement due to the fact that she doesn't think my husband and I want her with us. I am at my wits end trying to figure out what to do. There are other circumstances that I feel require me to take guardianship of her. I know there is a fee to process this in court one I really can't afford. Please advise. Thank you. PS I have an older bro and younger sister who agree.

  2. #2
    Join Date
    Jul 2006
    Location
    Northern California
    Posts
    252

    Default Re: guardianship of elderly parent

    Quote Quoting gharri
    View Post
    I live in NY state. My mom is 74 yrs old and seems to be experiencing some dementia. She began "loosing" it when my brother passed away in 2003. I've invited her to stay with me in my home and since Aug 1 of this year she was living with me but she never stays here. I am in the process of getting her an apt of her own in a senior developement due to the fact that she doesn't think my husband and I want her with us. I am at my wits end trying to figure out what to do. There are other circumstances that I feel require me to take guardianship of her. I know there is a fee to process this in court one I really can't afford. Please advise. Thank you. PS I have an older bro and younger sister who agree.

    Please be specific with a question. Also, you take "guardianship" of a child, and you take a "conservatorship" over an adult.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: guardianship of elderly parent

    That depends on state law - it's really a matter of definition. Here in Michigan, for example, you can most certainly become the guardian of an adult.

  4. #4
    Join Date
    Aug 2006
    Posts
    4

    Default Re: Guardianship of an elderly parent

    Mother is 74 yrs old. Whether I need "guardianship" or "conservator", I need to know what to do. What is my first step, second etc. I live in NY, and I have an older bro with Parkinsons and a younger sister who is a single parent. This would make me the person to take care of her. I have filled out applications for senior housing and I'm in the process of filling out paperwork to oversee her government pension. My mom is a very independent woman who will NOT hand over her "life" to me without a fight. What do I do?

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Guardianship of an elderly parent

    Do you have any medical evidence to back up your impressions, such as the opinion of her doctor? If she is determined to be of sound mind, she is entitled to manage her own affairs. You should be able to get standard forms to petition for a guardianship at the county courthouse - they would be filed in the county where your mother presently resides.

  6. #6
    Join Date
    Aug 2006
    Posts
    4

    Default Re: Guardianship of an elderly parent

    Quote Quoting aaron
    View Post
    Do you have any medical evidence to back up your impressions, such as the opinion of her doctor? If she is determined to be of sound mind, she is entitled to manage her own affairs. You should be able to get standard forms to petition for a guardianship at the county courthouse - they would be filed in the county where your mother presently resides.
    Her nurse practitioner says she has noticed she is becoming more and more forgetful. I don't know who her doctor is. Do I petition for guardianship or conservatorship? I am not quite sure of my moms legal address currently she stays with my sister more than anywhere else which is Manhattan NY. I know she isn't of sound mind, she goes to her bank and withdraws money every other day. She recently went thru $2200.00 in a month. I am currently holding a pension check of hers which was a replacement check due to the fact she gave personnel the wrong address to send it to. (The check has not been cashed and I haven't told her about it) She is entitled to 3 or 4 more checks.

  7. #7
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Guardianship of an elderly parent

    gharri,

    You have not answered the question about what your mom is doing that makes you think that she needs a guardian. You will need to address this whether you retain an attorney or not.

    This website is for NY.
    http://aging.state.ny.us/links/links04.htm

    The state groups counties into several Area Agencies on Aging. They have many resources and should be able to give you some direction.

    You are addressing a problem that children face and it isn't easy. You will need support and I encourage you to get as much information as possible before you begin to take over your mother's affairs. If you try to present a poorly organized case to the court, guardian ad litem may be appointed and you may lose any chance of being supportive to your mother.

    Good luck. You're not alone.

  8. #8
    Join Date
    Jul 2006
    Posts
    984

    Default Re: Guardianship of an elderly parent

    Then find out who her doctor is by asking her nurse practitioner, who her doctor is, perhaps she needs direct deposit? You can become her representitive payee by having her doctor writing a letter to SSA and open an account for that purpose, but she must have a certain amount of spending money per month.

  9. #9
    Join Date
    Jul 2006
    Location
    Bikini Atoll
    Posts
    163

    Default Re: guardianship of elderly parent

    Quote Quoting aaron
    View Post
    That depends on state law - it's really a matter of definition. Here in Michigan, for example, you can most certainly become the guardian of an adult.
    And, some states use both guardian and conservator. For example, conservator of an estate in some states are not persons but a company/corporation, such as a bank and cannot be guardian of a person. In the same state, a guardian of an estate is an individual.

  10. #10
    Join Date
    Jul 2006
    Location
    Bikini Atoll
    Posts
    163

    Default Re: Guardianship of an elderly parent

    Quote Quoting gharri
    View Post
    Mother is 74 yrs old. Whether I need "guardianship" or "conservator", I need to know what to do. What is my first step, second etc. I live in NY, and I have an older bro with Parkinsons and a younger sister who is a single parent. This would make me the person to take care of her. I have filled out applications for senior housing and I'm in the process of filling out paperwork to oversee her government pension. My mom is a very independent woman who will NOT hand over her "life" to me without a fight. What do I do?
    Your first step is to have your mother's competency evaluated. This will be done via court appointed committee once you petition for guardianship. Consult an attorney that specializes in guardianships. You'll find them under Elder Law & Probate.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Guardianship: Getting Guardianship of an Elderly Parent
    By gettough in forum Disability and Elder Law
    Replies: 1
    Last Post: 09-20-2009, 09:46 AM
  2. Guardianship: Clarification of Duties for Guardianship of an Elderly Parent
    By Dragonfly42 in forum Disability and Elder Law
    Replies: 3
    Last Post: 12-06-2008, 09:55 PM
  3. Guardianship: Guardianship Of an Elderly Parent in Nevada
    By JennNV in forum Disability and Elder Law
    Replies: 2
    Last Post: 12-12-2007, 09:12 AM
  4. Guardianship: Guardianship of an Elderly Parent
    By southerngranny2 in forum Disability and Elder Law
    Replies: 1
    Last Post: 07-27-2007, 11:02 AM
  5. Guardianship: Guardianship for an Elderly Parent
    By Min in forum Disability and Elder Law
    Replies: 5
    Last Post: 05-27-2007, 08:01 AM
 
 
Sponsored Links

Legal Help, Information and Resources