What kind of financial resources does you mother have? Are there assets, outside of her income?
In my state, getting guardianship over somebody who contests it will involve going to court, and will require an independant evaluation of mental capacity, usually a psychologist or neurologist appointed by the court (for objectivity). I would think a family attorney would certainly know how to go about this in your state.
I am a bit curious as to how this guardianship for elderly parents comes to a head.
My mother had dementia but was easily lead. When she went to a nursing home for what was a temporary stay, Starting with a physical problem, it turned out to be her forever stay. She was complainypants about it but not challenging that status of nursing home resident. She looked at it as a temporary thing and we never suggested otherwise.As time went by her dementia got worse and she lost sight of any idea of leaving.
TYbee, what is your mother wanting to do that you all don’t want her to do?
Will be watching this thread with interest.
Everything was pretty much in order for my mom to take over my grandmothers stuff, when a brain tumor was discovered.
My situation is going to be different now. In the last few weeks, we have seen confusion in the other owner. We are hoping it is stress and the upcoming auction to raise funds for the memorial.
However, I have seen it, and dealt with it, as well as our Tax accountant, haven't spoken to our regular accountant, but have spoken with his ex wife (still see her quite a bit), and she said he seemed off today. I don't believe anyone is in power to control his medical decisions or make him take his medications (screw up diabetes medications can cause all kinds of things).
Things like those, could be simple fixes. If he is starting to lose it, since the ownership papers are not done, I have a fiduciary responsibility to handle the business in a way that screws me.
Iris, she is is just saying, "no, I don't want this." Unclear if she understands what "this" is, as she is so very far gone. She does not know who anyone is, but is still a very smart person. She has brain damage. It's not that she wants to do something we all don't want her to do--well, I guess it is, she wants to "go home" although does not remember any home post 1947.
As Cicero said, “Gratitude is not only the greatest of virtues, but the parent of all the others.”
TMS, if you co-own a business with someone who is failing, then you need a lawyer to protect your interests, too. If someone gets guardianship of the person, then they act as the person with whatever legal arrangements you have prior to the person having a guardian; the guardian becomes the person and can make any business decision as the person.
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