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Alex Esquire
Alex Esquire, Attorney
Category: Estate Law
Satisfied Customers: 16710
Experience:  Handled many probate matters
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My mother has dementia and has been evaluated by two doctors

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My mother has dementia and has been evaluated by two doctors that she can’t make medical decisions.
I am named on her trust as successor trustee for financial issues, and she has a “five simple wishes” end of live document naming my older sister to make end of life decisions.
She is currently living in an assisted living home, near my younger sister. I need to know what we need, if anything, for decision making of her day to day health issues. Can you give me some help?
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your mother's unfortunate situation.

Have you filed a Petition to Establish Legal Guardianship with the local probate court where your mother currently resides?
Customer: replied 4 years ago.

No, is guardianship the only way. As I understand it that route can cost thousands of dollars to set up. Am I wrong about that?


Dear Vanessa,

Thank you for your follow up.

Unfortunately, since your mother is currently is not in the right state of mind and not competent, the only way for someone to be able to make legal, financial and day to day health related decisions, is to file Petition for Legal Guardianship and to declare your mother legally incompetent and ask the court to appoint you or one of your siblings a legal guardian for your mother.

Unfortunately, you are correct that you would need to consult with a local and experienced legal guardianship law attorney where your mother resides and this attorney will be able to help you establish legal guardianship over your mother and it is likely that the local attorney would require several thousand dollars in attorney's fees for the legal services.

I wish you the best of luck and please let me know if you have any related follow up questions.
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