My grandmother is not in sound of mind to make decisions..she has been in a rest home....she has three living sons that refuse to acknowledge her...staff from the rest home has contacted me and asked me to become poa..after reading this I know I can only be guardian...I don't know anything about this stuff but am willing to do what I need to do so that she does not get turned over to the state.
I would recommend that you use the AVVO search features under Find a Lawyer to search for an attorney who handles Guardianship in the County where your grandmother resides.
You would need to file a guardianship action. As Attorney David suggested, you could use Avvo's "Find a Lawyer" tool to find prospective attorneys to help you do this. I recommend starting with "elder law" as a practice area first, and possibly "estate planning" if the first category does not yield productive leads. Very likely, you can quickly get in touch with elder law attorneys in towns/cities near you who could be of assistance. God bless you and your grandmother.
Generally speaking, an incompetency/guardianship proceeding may be required. It is important to find an attorney who is an experienced litigator in this arena, considering she has three children who are estranged. Normally, her next-of-kin must be notified and served with a copy of the incompetency petition and proposed guardian, and these matters frequently then become contested even by family members who may previously have been unresponsive or uninvolved.
These proceedings are initiated using court forms, so that part of the process is not very expensive. I would recommend that you seek qualified counsel in your area since it appears to be an issue that may become contested.
I am admitted to practice law in the State of North Carolina only. This response is provided for general informational purposes only, and therefore does not constitute legal advice. Specific legal advice can only be provided after consultation with a licensed attorney with experience in the area in which your concern lies. This is so because each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and/or documents at issue. This communication does not create an attorney-client relationship.
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