How does one achieve guardianship over their parent? 22 Answers as of April 15, 2013

My mother had a stroke while living with my brother,somehow he became my mother's POA. He placed her in a terrible nursinghome and her other children aren't allowed any info about her health and or finances. She is penniless now so we think my brother and his wife spent all of her money and even allowed her life Ins. to expire because of failure to pay the premiums. My mother has dementia, but I think it is secondary to the stroke. What can I do to get my mother out of the Nursing Home and how do I get the POA revoked for my mother's healthcare and finances?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Stephens Gourley & Bywater | David A. Stephens
If your mother is competent she can revoke the POA. IF not you will need to petition the court to become her guardian.
Answer Applies to: Nevada
Replied: 4/15/2013
Frederick & Frederick PLC | James P Frederick
You would need to petition the probate court to become guardian and conservator. In Michigan, care and custody of the person is handled by the guardian. The care and custody of the finances is handled by the conservator. Both fiduciaries are appointed by the probate court. As with anything involving the court, there is no guarantee that the judge will appoint you and not your brother. But that seems to be your best option.
Answer Applies to: Michigan
Replied: 4/15/2013
WARM SPRINGS LAW GROUP | Elliott D. Yug
You need to file a Petition for Guardianship.
Answer Applies to: Nevada
Replied: 4/15/2013
Reger Rizzo & Darnall LLP | Kathleen DeLacy
You can file for guardianship.
Answer Applies to: Delaware
Replied: 4/15/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Seek the services of a probate attorney who specializes in conservatorship to have your self appointed as conservator of her and her person, to have your brother removed as a POA, and to conduct an investigation to see if brother committed elder abuse financially on your mother, including reporting him to the District Attorney for possible embezzlement of estate funds.
Answer Applies to: California
Replied: 4/15/2013
    Durham Jones & Pinegar | Erven Nelson
    You can apply to e appointed as guardian through a lawyer who specializes in Elder Law. I can give you some good names. You can also demand an accounting from your brother and his wife.
    Answer Applies to: Nevada
    Replied: 4/15/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    You would have to go to court to have a conservatorship set up and be appointed as conservator over her person and her estate. With that power you can find out if she had assets spent for purposes other than the mother.
    Answer Applies to: California
    Replied: 4/15/2013
    The Wideman Law Center, P.C. | Susan Wideman Schaible
    I would recommend you hire an attorney to help you file a Petition with the Court to become your mother's Guardian and have your brother's Power of Attorney revoked. Your brother may have some legal liability if he stole your mother's assets while acting as her Power of Attorney.
    Answer Applies to: Michigan
    Replied: 4/15/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Petition the court for conservatortship.
    Answer Applies to: California
    Replied: 4/15/2013
    Estrada Law P.C. | Michele Ungvarsky
    You can apply to the Court to become her guardian or have a guardian appointed. You probably should get Adult Protective Services involved to investigate any abuse of her funds.
    Answer Applies to: New Mexico
    Replied: 4/14/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    You petition the court for guardianship. There is lots going on in your question, you need advice from an elder law attorney.
    Answer Applies to: Oregon
    Replied: 4/14/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    If your mother is in Clark County, Nevada you can go to the self-help center at the Family Court, 601 North Pecos, Las Vegas, NV 89101, to see if it is something that you want to undertake on your own. If it is not, you may wish to consult counsel. Our firm regularly handles guardianship matters. Best of luck in your endeavors. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
    Answer Applies to: Nevada
    Replied: 4/14/2013
    The Krone Law Firm, LLC | Norman B. Krone
    Please seek the assistance of an attorney experienced in Elder Law. You describe a complex situation that should be handled for you for an attorney.
    Answer Applies to: Florida
    Replied: 4/14/2013
    Law Offices of Frances Headley | Frances Headley
    You need to bring a petition for conservatorship. You should consult an attorney and make a report to your local agency which has responsibility for elder abuse.
    Answer Applies to: California
    Replied: 4/14/2013
    Danville Law Group | Scott Jordan
    You would need to file a motion with your local probate court to terminate the POA and to appoint a conservator over your mother.
    Answer Applies to: California
    Replied: 4/14/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Y ou can petition the Court for a Guardianship.
    Answer Applies to: Colorado
    Replied: 4/14/2013
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    If your mother's capacity is in question, then she may not be able to revoke her POA (she would be the only one who could revoke it and then sign another appointing someone new as her agent). If she is unable to do so, your only option is to go to court and file for guardianship and ask the court to find her incapacitated and appoint you (or one of your siblings) as guardian. This is not a process to be taken lightly as once the court is involved, you will need to seek permission from the court to use her assets and/or move her, etc. It is also an expensive process as guardianship requires you to have an attorney, the court will appoint an attorney for your mother, and an examining committee of 3 people will be appointed to evaluate your mother to determine if she is, in fact, incapacitated.
    Answer Applies to: Florida
    Replied: 4/14/2013
    James Law Group
    James Law Group | Christine James
    Don't waste any more time and let the situation get worse. Go straight to court with an attorney, have a conservatorship hearing and bring all of this to the courts attention.
    Answer Applies to: California
    Replied: 4/14/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Petition the probate court where your mother lives to name you as guardian and conservator for your mother. This will supersede the POA. If you truly believe that your brother squandered your mother's assets and you have some evidence to prove that, call Adult Protective Services and they will investigate.
    Answer Applies to: Nebraska
    Replied: 4/14/2013
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    Your only recourse in Missouri is to go for a guardianship and conservatorship over your mother. Guardian is control over the individual and conservator is control over the money. You need to see an attorney to get this accomplished.
    Answer Applies to: Missouri
    Replied: 4/14/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You file for guardianship and ask the court to revoke the power of attorney.
    Answer Applies to: Idaho
    Replied: 4/14/2013
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney