QUESTION
how easy is it to become a guardian of someone
Asked on May 31st, 2021 on Guardianship and Conservatorship - New York
More details to this question:
I have POA, Executor of my moms erivocable trust and will and her health care proxy. I have been taking care of my mom for the past 4 years since my dad passed away. My mom is 88 yrs old and last year had to go into a nursing home . My sister who hasnt seen or spoken to my mom in over a year because of an Order of Protection my mom had against her (which is now over ) is trying to petition the court for guardianship of my mom. I guess my question is what are her chances of getting guardianship?
1 ANSWER
2 Awards
This is highly fact dependent. To be placed under guardianship, someone must, due to a physical or mental condition, be unable to manage their finances or provide for their own food, shelter and medical care AND less restrictive alternatives, such as a Medical and Durable [Financial] Power of Attorney must be insufficient. This typically occurs when someone who needs nursing home care refuses to enter a nursing home, when the DPOA agent is robbing the person, or when the DPOA is insufficient because the person is giving everything to charity, QVC or amazon.
Answered on Jun 01st, 2021 at 6:55 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.