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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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My mother is 80 and suffers from short-term memory loss and

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My mother is 80 and suffers from short-term memory loss and COPD. She underwent a triple bypass surgery a few months back which has rendered her incapable of physically getting around in her apartment. I possess power of attorney for financial and medical affairs. She is mentally sound but physically incapable of managing her life. Three instances have passed where I had her almost ready to move into assisted living with my siblings blessings. This was also agreed upon by her doctor and hospice care. Each and every time she has come to the point of moving and then stopped it and stated she has refused to move. Is there any way, I can get a guardianship over her if she is willing to allow it to happen.

Thank you for your question. Please permit me to assist you with your concerns.

There is absolutely a way you can get a guardianship over her if she is willing to allow it. Consider filing in court in the county where your mother resides for 'conservatorship'. This will grant you the right to make legal and health-based decisions on her behalf. Under US law the presumption is that any adult is competent and able to make decisions. The courts can transfer that right over to someone else, such as yourself, who would then be able to compel this move should your mother end up changing her mind again. This is never an easy decision and it never a decision that doesn't have stress associated with it, but it may be the most ideal decision for you and your mother to consider.

Good luck.

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