QUESTION
How do I decide which way to go, POA or gaurdianship of a mentally ill sibling
Asked on Nov 09th, 2020 on Guardianship and Conservatorship - North Carolina
More details to this question:
Brother has mental illness and now diagnosed with dementia. He's in the hospital, left facility where he lived, now being replaced in a safer facility. Needs to be confirmed incompetent by Dr. It is evident that he is. Where do I start and what are my choices?
1 ANSWER
2 Awards
You do not get to decide. If your brother is mentally incompetent to manage his own finances, he almost certainly lacks legal capacity to appoint an agent under a Durable Power of Attorney. If so, he needs to be placed under a guardianship by a court. Ask the facility where he resides to ask a physician to complete the necessary medical evaluation and form (sometimes called a Physician's Certificate of Medical Examination) and hire an attorney to help you file an Application for Guardianship. If your local probate court does not have a list, your state bar will.
Answered on Nov 10th, 2020 at 5:20 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.