Q: What can be done when the state seeks guardianship of my dad?
Dad was a good and slow driving. He has some memory issues which exacerbated when mom passed suddenly. He got lost one foggy night and stopped in a strange part of town. He didn't have his phone. The police took him to a hospital, the state got involved without contacting me. I have medical and financial POAs. They have filed for guardianship. I am looking for advice as to whether I should file for guardianship or seek alternatives to it. Dad is not an invalid. He could do own laundry, cook a little, bathe himself, walked slowly with little help,drive safely within a limited range. etc. Needs help with medication and finances but that's what I do. He's now in a rehabilitative facility. But I know he would be happy back at home. He has memory, cognitive issues but that hadn't stopped him from living his life. He called me the other day. He wanted me to come and get him. He missed being home, etc.
A: You can hire an Approved Guardianship Attorney and apply to become his guardian yourself. Usually no guardian is needed if there is a valid Medical Power of Attorney and a valid Durable Power of Attorney. But from your description, someone may need to take away the keys, regularly check on your father and maybe provide some support and supervision.
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A: Consult with an attorney who is approved to handle guardianships as your father is going to need some type of help and either the State is going to seek a guardianship or you may do so. You might argue that he already has alternatives to guardianship in place; however, no one has power over the person and his decision to drive endangered himself.
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