I live with and take care of my elderly mother in Florida. She is still competent but is declining rapidly. How do I establish a pre-need or standby guardianship over her? (I would be the guardian.)
Estate Planning Attorney
I suggest now that your mother while she has the mental capacity to sign an dhave the following estate planning documents;
POWER OF ATTORNEY-
An instrument in writing whereby one person, as principal, appoints another as his agent and confers authority to perform certain specified acts or kinds of acts on behalf of principle.
The "Power" becomes a DURABLE POWER OF ATTORNEY when person executes a power of attorney, which will become or remain effective in the event, he or she should later become disabled.
An instrument by which a person makes a disposition of his real and personal property, to take effect after his death, and which by its own nature is ambulatory and revocable during his lifetime.
A document which governs the witholding or withdrawal of life-sustaining treatment from an individual in the event of an incurable or irreversible condition that will cause death within a relatively short time, and when such person is no longer able to make decisions regarding his or her medical treatment.
HEALTHCARE POWER OF ATTORNEY-
A document executed by a competent person to appoint another to make health care decisions for him when he becomes incompetent to make them himself.
PRENEED GUARDIANSHIP-Appointment of a Guardian if your mother becomes incapacitated.
See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
Dan W. Armstrong, Attorney
Law Offices of Dan W. Armstrong, P.A.
822 A1A North, Suite 303
Ponte Vedra Beach, FL 32082
(O) 904.280.0058, (F) 904.280.0109