Do I have to get a lawyer to get Guardianship over my 88 year old Grandfather or can a judge appoint me guardian.

It looks like this summary was posted a number of months ago. Hopefully, the situation has been resolved, already. In the event that it has not, I generally suggest the following course of action.

The easiest, least expensive method of obtaining the client's objectives, is the course I recommend to clients. In the case of dealing with incapacity, that involves General Durable Power of Attorney forms. These forms name someone who can step in and handle a person's personal and financial affairs, if the person is no longer able to care for themselves. Is is possible in your situation to have your grandfather agree to this? Is he still competent to execute such a form? The same questions would apply as far as your grandmother and uncle are concerned. You are the best person to determine whether or not this would work. If so, the advantage is that the situation can be resolved without court action, and your grandparents can state their preference as to who would be in charge.

Given the problems you have detailed involving your grandfather and his fears about losing control, he may be unwilling to sign a Power of Attorney, and he may also prevent the others from doing so.

At that point, if you are convinced that they are living in a dangerous situation, you need to contact adult protective services and or the probate court. It is likely that APS will investigate and may file a petition with the probate court, on their own initiative. The court will then typically appoint a "guardian ad litem", usually an attorney, to investigate the situation and make a recommendation to the probate judge. The GAL usually interviews all of the parties and tries to determine 1) if there is a danger; 2) whether or not the clients have a preference; 3) if there is a need for guardianship/conservatorship or whether there are other means of supporting the family; 4) who would be the best person to act. Then the court holds a hearing and appoints the guardian/conservator. If there is a family dispute as to who should act in those roles and it cannot be resolved, the judge will sometimes name a disinterested third party or public administrator to act. This tends to cost more.

These kinds of situations are very difficult on a number of different levels. For the elderly clients, there is a fear of losing independence and control. There may also be fears of having other people come in, to take advantage of them. There is also a reluctance to admit that they are no longer capable of handling things on their own. These are fundamental human issues that strike at the core of people's identities. Alzheimers and dementia compound the problem because they tend to induce paranoia. Caring open communication can often work wonders. Sometimes, elderly clients are willing to "share" some of the responsibilities, as long as they are able to continue to participate and feel like their input is needed and valued.

Best of luck to you and your family as you struggle to do the right thing for everyone involved!

James Frederick