What steps are needed to get guardianship over a parent with cognitive decline?

Family Law

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If your mother has not been declared mentally incompetent then she is presumed competent and could sign a financial power of attorney over to you so that you could then assist her with her finances if she wanted to do so. If you feel that she is mentally incompetent, then you could contact a local family law or elder law attorney to assist with filing a petition in the local probate court for legal guardianship over her. If granted, then you would essentially be the only person in charge of her care and finances and would be able to prevent anyone else from taking her money and could potentially pursue anyone for reimbursement of any money that was improperly taken.

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I need some advice/direction on what I should do as far as guardianship or durable power of attorney for my mother, who suffers from severe cognitive decline.

Lexi, Chatbot

I understand that navigating guardianship and power of attorney for your mother can be challenging. Have you already started any legal processes regarding her care?

No.

Lexi, Chatbot

What specific concerns do you have about her current situation or future needs?

Well, I have two siblings, one of which is transferring my mother's money out of her checking account. She claims she is doing it to prevent my other sibling from getting access to it and that she still has all of it.

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured, they'll be able to help with your guardianship concerns.

No.

Legal Eagle

Hello and welcome to the site! I am a licensed attorney and here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply, as I am typically working with several customers at once on the website. I have read your post and I am sorry to hear you are having to deal with this situation, as I realize it can be frustrating and confusing.

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