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Do I have to get a lawyer to get Guardianship over my 88 year old Grandfather or can a judge appoint me guardian.
Broomfield, CO
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Posted 10 months ago in Guardianship
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I have an 88 year old grandfather who has Dementia or the onset of Alzheimers Disease. This has not been actually tested because he refuses to see a doctor or get checked. He is very mentally unstable where his hygene, health, bank accounts and driving records are messed up. He constantly thinks he can take care of himself and my grandmother who is also mentally unstable along with caring for my uncle with diabetes who is on disability with mental retardation from Schitzophrenia. My grandfather has always been in control and he is fighting others for that control. He refuses us to help even to where its life threatening because he wants control. He has bits of rage, violence, forgetfulness, depression and can no longer take care of my grandmother and uncle. Thier lives are at stake but he has guardianship over them too. Thier health has failed to where they are always calling 911 and cops are coming out to thier address. Adult protective services has been called and people are slowy coming out which makes my grandfather even more angered. To put an end to this cycle, someone needs to step in and take care of them whether he likes it or not. He is no longer competant to make the correct decisions and neither is my grandmother or uncle because of his abuse over them. Other family members do not call or associate with them except their daughter and she is not willing to take on the big task out of fear of her father. If decisions are made, there will be a fight with him to where it will have to be by force. My question is, if I have to step in, do I have to get a lawyer to work this all out or can I go petition and pay for guardianship and make my case for the judge to appoint me guardian with conservatorhship.This is s special case since three lives are involved and I would like to do this the right way so the quality of thier lives are tremendously inhanced. If not, I do feel that health wise, the lives of the other family members he is in control of are more at stake than his and this is not something Im willing to live with if something should happen within the next couple of months.
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Answers (1)
James P. Frederick
This attorney is licensed in Michigan.
Posted 3 months ago.
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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 |
