Do I need to file for guardianship of 80 year old mother?

Asked 7 months ago - Rochester, MI

Involuntarily committed to geropsychiatric hospital 2 weeks ago. Dementia. Aggressive behavior. History of borderline personality disorder. Difficult finding assisted living to take her. Hospital/doctor says she needs 24 hour round the clock care. Very limited assets. Looking at nursing homes. Sister in Indiana has power of attorney for financial. No patient advocate designation since moving to Michigan.

Attorney answers (3)

  1. James P. Frederick

    Contributor Level 20


    Lawyers agree

    Answered . It sounds like you have a major headache on your hands!

    Since it sounds like your mother lacks capacity to sign a new POA form, it sounds like guardianship is the last resort. You can find the Petition, here:

    Oakland County Probate also has some helpful information on Guardianships, here:

    Since your sister has the POA, you may not need to petition for conservatorship, as well. An attorney is not necessary, but you may find one helpful.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  2. David B. Carter Jr.


    Contributor Level 20


    Lawyers agree

    Answered . I would or you may risk the court appointing a public guardian.

  3. James T. Weiner

    Contributor Level 15


    Lawyer agrees

    Answered . It sounds like someone would have to file for guardianship. However the Hospital might already have filed so check it out (if my memory serves they have to file if they keep someone involuntarily over 3 days).

    However, your sister holding the POA may have preference to be appointed guardian. You will most likely need an attorney to do it right.

    Please note that I answered this question with general knowlege of the law and with limited disclosure from you,... more

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