Veterans Administration.She lives with me,Iam a Registered nurse and care for her.She has Dementia and is legally blind.
It seems to me that you are considering becoming a guardian for your mother, who would be considered a ward, after the conclusion of the guardianship proceedings. Each state will have its own statutes on what qualifications are required of a guardian. You may run into scrutiny by the court who would be appointing you guardian if it becomes aware of a bankruptcy, as it could appear that you may not be the best person to manage another's financial affairs. However, it is probably not an outright disqualification like a conviction of a felony would probably be. The court will weigh out all the factors and then make a decision what is in the best interest of the ward (your mother). Finally, is a guardianship necessary. In most states, the guardianship court will look for the "least restrictive alternative" to guardianship first because taking away all of a person's civil rights and giving that power over to another is a drastic measure. If your mother already has a power of attorney that is broadly written, it may be all that is required to manage your mother's affairs. Look at the language of the power of attorney. Does it give you power over her health care decisions? Can you sign admission papers to nursing homes or ALF's for her? Can you apply for public benefits like Medicaid and VA for her? I note that if she has been diagnosed with dementia, and meets asset and income tests in her resident state, she may qualify for Medicaid benefits to pay for nursing home care. You should seek out an elder law attorney in your mother's home state for answers to these questions and a complete analysis of your situation.
Matthew has given you some excellent advice. A bankruptcy probably will not automatically disqualify you from serving as a guardian, but I would recommend you confer with a knowledgeable elder law attorney in your area who can advise you on the best way to proceed. This is not the type of situation you should try to solve on your own--there are too many complex issues involved and you need to have the assistance of someone familiar with the controlling laws.
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