Q: I'd like to take over as guardian for my Mom
but I would like to be aware of the legal issues as she will eventually need to go into a managed care facility. Any help appreciated.
A: Not sure if there is another guardian already in place or if you are looking to institute a new guardianship proceeding. With a properly drafted durable power of attorney, guardianship can be avoided altogether (assuming mom still has capacity to understand what she is signing). If guardianship is what is necessary, you need to set an appointment to meet with a local guardianship attorney ASAP to discuss how best to proceed. If mom still has capacity to sign documents, then meet with a local elder law attorney to draft a durable power of attorney so you can do what your mother needs to take care of her affairs, apply for government benefits, if necessary, etc.... Best of luck to you.
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