His medical records have improved, he's now being left alone at home by himself because he is able, he's back to working on home improvement projects, etc. He and his wife have been separated for over 12 years until he was diagnosed with mild demtia last year. He is not getting along with her. She is now saying he's depresses and now have him on ceroquel. Do we have options do something or anything?
You will need to check with his doctors. It is certainly possible to modify or terminate a guardianship. Perhaps your father now has the capacity to sign a Power of Attorney form naming you to act on his behalf, if he is unable to do so. If your mother is the guardian and they have been separated, then perhaps she is not the best choice. What does your father want to do?
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I agree with Mr Frederick, and not to put too fine a point on it, if a guardian has been appointed, you can't do ANYTHING until the court is on board with whatever course of action you want to take. If you want to change guardians, eliminate the guardianship and start using a PoA instead, or some third course, the Court would have to approve of it.
Get expert opinions about your father's current competency, and then seek local legal help to petition the court to make changes as appropriate. Good luck!
This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!
Yes, a guardianship can be terminated or modified by the Court. Even if you father is still in need of a Guardian, his wife may not be the appropriate choice anymore especially if they are separated. You would need to Petition the Court to request a termination or modification.
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