Guardian may be needed for mother with dementia, daughter believes
Question: I think Mom needs a legal guardian. She began developing dementia about a year ago. She made up a health care surrogate at the time naming me her decision-maker because I am a registered nurse. Unfortunately I live out of state, but my brother lives near her in Florida. I called him recently and he said Mom is in a rehab facility, but he will not provide any other information. I called the facility and was told her health care surrogate now names my brother as her decision maker, not me. I suspect he had her sign a new document without knowing what she was doing. I also think he’s her agent on her power of attorney. What can I do to get information about her and get a legal guardian appointed (hopefully me) who will do the right thing for her?
Answer: This is a tough and ugly situation. If possible, come to Florida and visit with your mother and try talking to your brother so you can see firsthand what is occurring. If you cannot do so, call the elder abuse hotline at 800-96-abuse. Advise them of the situation and they may investigate.
If the situation isn’t resolved that way, your only choice may be to commence a guardianship proceeding for your mother. This would allow Joseph Karp
The Karp Law Firm, P.A. the courts to assess the situation, determine if she is competent, and potentially, remove your brother as her agent for health care and/or financial matters. But be warned: this can destroy family relationships, is expensive — and you may not be the person appointed as guardian. Contact a Florida attorney who handles guardianships, who will assess if you have sufficient facts to allege the need for a guardian. It is possible the matter could go to mediation, which would save both aggravation and money. The attorney will advise you on the proper steps. Good luck.
Joseph Karp, a member of the Florida and New York Bars, is a Nationally and Florida Bar Certified Elder Law Attorney and founder of The Karp Law Firm, located in Palm Beach and St. Lucie counties. The firm assists clients with wills, trusts, Medicaid and VA benefits planning, special needs planning, asset preservation, probate/trust administration and estate litigation.