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Shipping my 82 yr old Mom out to OK to be with sisters> nursing

 
PaulMJD's Avatar
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Shipping my 82 yr old Mom out to OK to be with sisters> nursing home> family plot.
Planned to do a comprehensive Power of Attorney to handle her affairs/assets from here, but I've had bad experiences in the past getting POAs honored - everything that came up, whomever I dealt with wanted a new one specific to the immediate transaction, which will not be possible to do, plus she's now developing memory, etc. problems which will only get worse.
Would it make more sense to be appointed her guardian now instead, and if so, does that require the courts and lots of time? She's ready to GO, so time is important.
Also, a close friend and associate in this other stuff I'm involved in that you've been helping me with should be contacting you soon on a slightly different angle, and is looking for representation. I find it totally and completely insane that out of all the lawyers I've dealt with over the years, I have the most confidence in referring a guy from an online site that I've never even met! :)
Anyway, she's concerned about others seeing the subject matter, so I've advised her not to go into detail on the site due to "googleability" of these questions by others, by way of explaining in advance any reticance on her part to do so, and unless the communication can be made private.

 

Optional Information:
Country relating to Question: United States
State (if USA): Georgia

Submitted: 275 days and 7 hours ago.
Category: Legal
Value: $25
Status: CLOSED

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Expert:  PaulMJD replied 275 days and 7 hours ago.

Yes, in many cases when you are dealing with multiple affairs of the party, a guardianship or even a court ordered comprehensive PoA is easier because it is a court document and if they require anything from you all you need to produce is an original copy of the court order and are not constantly having to fight over your homemade PoA not specifying certain transactions.

Of course a guardianship or a court ordered PoA is going to cost you a little more than just doing a PoA, which is why most people just do the PoA and immediately upon execution they serve it on all of the known parties that they will have to be dealing with on behalf of their ward. The guardianship can be obtained if there are no objections within less than 30 days, but you will need a local elder law attorney to get it filed in the court and get it approved by the court on an expedited basis. The guardianship does give you a broader array of powers than the PoA, in that it allows you to conduct all business on behalf of your mother and removes her rights to make any decisions at all.

Your friend is free to ask for me when she is ready. Thank you.


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Category: Legal
Pos. Feedback: 98.2 %
Accepts: 27223
Answered: 7/9/2012

Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

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