APS has been to the home and said they cant remove her unless eminent risk (a insurance rep reported them.) He says he can take care of her (feeds her well) but she is incontinent and no hot water for bathing (repair for home and nurse for cleaning, etc.) House is filthy (urine, etc.) He is exhausted and unkind as a result. I was told guardianship of mom would be good. I dont want to mess up their finances as dad does fine with that. All I want to do is make sure she is safe and taken care of. What can I do? Is there a guardianship that only covers the health and wellbeing of a person and not their finances? He has become verbally abusive to her and I dont know if that will change if he gets assistance.
Estate Planning Attorney
Sorry for your situation.
There is a guardianship of the person and guardianship of possessions. I understand not wanting to "mess up their finances" but you should be more concerned for their health since both are living in the same conditions. If the home is a bad as you say, your father is not taking care of himself either. If he won't help move her to an assisted living facility a guardianship may be the only choice.
Answer does not constitute legal advice. (727) 471-0039 or firstname.lastname@example.org, This answer is provided for informational and/or educational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Adam is a Florida Attorney practicing in areas of Estate Planning, Elder Law, Trusts, Probate, Guardianship, and Business Law. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
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Medicaid / Medicare Attorney
While your father is doing his best as caregiver, it doesn't sound like he is fully capable of handling the situation himself. This is a very common situation. Unfortunately the only solution may be for you to petition the court for a guardianship. The important consideration should be your mother's health. You need to consult with an elder law attorney to review your options.
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