Power of Attorney or Legal Guardianship over Parent?

Question

My 52 year old mother has had Schizophrenia for the last 32 years and her prognosis is not good. In the last year she has regressed more often and her mental capacity has become quite diminished.

Power of attorney or legal guardianship has been mentioned to me. Which one do I need in order to be able to handle all of her legal and medical affairs indefinitely as her prognosis is that she will continue to deteriorate?

Any advice, direction would be much appreciated.

Thanks for all of the good suggestions/advice so far, here's some more info on the situation:

We both live in Illinois, she is currently living at a group home for the mentally ill. I need to be able to access all her medical records as well as be able to take care of any other affairs during times that she has a relapse. When she is doing well there isn't a problem, it's those times where she has decompensated, becomes paranoid & things don't get taken care of & all goes to hell. She has been relapsing with more frequency & I want to be proactive about this rather than what I have been doing for the last few years. Which is put myself & my husband's lives on hold while feeling anxiety & extreme stress on the responsibility of fixing her messes or putting out the fires.

Answer 1

Either will do in most states. It does vary though. In most states there are degrees of Power of Attorney. You need a full or comprehensive one, sounds like. You probably need an attorne to advise you on that. If it is financially difficult for you to get one, most states have a legal aid program, just google in Legal Aid and you state.

POA, full is probably your best way.

My step-dad had this and my mom dealt with it. He too was bad toward the end of his life @77

I feel your pain.

Bless you and Good luck to you.

Answer 2

I suggest contacting an attorney to legally become her guardian. My mom went through a similar situation with my grandfather and I think it was a short process. You'll most likely have to have a letter from her doctor informing the judge (or whoever you talk to) of your mother's condition and it's severity. You also want to make sure he or she recommends providing her with a guardian, etc.

As for the schizophrenia: Are you going to take care of her by yourself, or are you going to admit her to a hospital or residential care facility? If the latter is the case, visit your state's department of human services website. (If you Google [your state name] + department of human services, it should come up right away.)

From there, click the mental health tab. That will lead you to some information regarding *involuntary* hospital admittance. This just means that the patient is not of sound mind to make the decision to admit herself into an inpatient facility.

Depending on your financial situation, the facility may be state-operated (minimun cost, if any) or a private facility (higher cost.)

Many of your questions can be answered at the NAMI website (National Alliance on Mental Illness), www.nami.org. It will also provide a list of branches in your area.

Good luck!

Answer 3

Be careful with the legal guardianship thing. In California, it must be decided by the court, and anybody can show up at the hearing and become her guardian.
Your best bet is to get Durable Power of Attorney for Healthcare and Power of Attorney for her finances. They are two separate things. There is no court hearing involved; you only need to get signatures.

Answer 4

CONSERVATERSHIP IS FOR PEOPLE THAT HAVE BEEN, IN COURT, OR OTHERWISE PROVED TO BE INCAPABLE OF MAKING THEIR OWN DECISIONS. POWER OF ATTORNEY IS PRETTY MUCH AN AGREEMENT BETWEEN TRUSTED PARTIES TO HANDLE MATTERS IF ONES NOT ABLE TO FOR THE OTHER. I JUST TYPED ONE UP YESTERDAY.

Answer 5

you need power of attorney for her. then you can decided everything for her medical and financial everything.