I am the power of attorney for my 92 year old mother and also her health care agent. I only have one sister and we get along fine and agree on most issues regarding my mother. My question is if my mother begins to go senile or gets dementia, should we look into getting a guardianship with me or my sister as guardian? Thank you.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.
Editor's Response
As you may know, a guardianship is a court process where a court appoints a person to handle another's personal and/or medical decisions. Follow this link to a discussion of the difference between a guardian and a conservator, a person appointed by a court to manage another's finances. In any case, if the power of attorney is a durable power of attorney, well-drafted, and sufficiently broad, typically a guardianship or conservatorship is not required. With the POA and the healthcare proxy, you probably have what you need to manage your mom's affairs. However, if you are talking about a large or complex set of holdings, you may want to discuss the matter with a Massachusetts elder law attorney. If nothing else, paying for an hour of time may put your minds at ease. Good luck.