The difference between a power of attorney and a guardianship
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- Опубликовано: 24 июн 2020
- Is a power of attorney the same as a guardianship? What types of powers of attorney are there? What powers does a person with a guardianship have? What if my loved one is declared incapacitated and can no longer sign a power of attorney?
It is important to know the difference between these documents and have the answers to these questions, especially if you or a loved one is suffering from a disease like Alzheimer's or dementia.
Attorneys, Amber A. Thailing and Rachel A. Spaethe, discuss the differences between a power of attorney and guardianship, and walk you through the pros and cons of each.
Thank you! God bless you both!
Hello Susan
How are you doing today?
I'm Taking it B4 the GRAND JURY
& FEDERAL LAWSUIT
Can I sue someone for libel? My siblings plot against me while I had other legal issues. They manipulated my mother for POA.
Yes revise and keep current power of attorney. It can be changed but do it while you, yourself can.
Has anyone ever done both POA & guardianship for the same person?
The thing I hat is my sister with POA I've never scene, keeps threatening us that she will keep us from see my mom and puts her in nursing home when she gets upset with brother/
My mother has very little money and lives in an ALH. She brings in $3000 a month. The ALH cost $4000 per month. She keeps giving money to a brother that has never lived below his means. Now she is almost broke. As her durable POA, she won’t let me step in and stop it. I feel like she is being exploited but adult protective services says there is nothing I can do.
My mom is 72, she’s in okay health…. Not great, not too bad.
She won’t get power of attorney. She’s single
What should I do?????
If you are power of attorney and siblings trying to prove incompetent with doctor documents does that make that void?
What do we do about an elderly parent who has some dementia , can not read or write and is totally deaf ? What do we do to put into a nursing home ?
How do you determine capacity if you’re a lawyer and not a doctor? And isn’t it case by case I mean there could be one lawyer that says I think she has capacity then there’s another lawyer that says no she does not have capacity. There’s good days and bad days with dementia and Alzheimer’s. It seems like this is a loophole right here and this is why I personally think it’s best to get a guardianship or even conservatorship if you have somebody with capacity issues because you can’t be sure that you can trust everyone to understand what capacity the person in your care is .
Can bank say poa too old and refuse to honor? And what to do when principal is no longer competent to sign?
How can I get power of apoa from someone that isn't able to take care of my uncle he lives with me and not the person that has it they drop ed him off at my house and went back to Alabama and can not take care of him
Do the laws of when a POA "kicks in" depend on the state? (North Carolina) What if there is already a POA in place to act on the persons behalf if they become incapacitated and the person has a diagnosis of dementia, lives alone, makes very poor and dangerous decisions but the doctor states they won't declare the person incompetent simply because they "don't do that" and tell the POA they need to "deal with that" themselves? Even though there is already a POA in place that was made and signed while the person was still competent and they have since become incompetent and been given a diagnosis of dementia, wouldn't the doctor still be responsible for providing something so the POA can act, especially given the person is very elderly, lives out of state from family and is refusing help from others at this point? Is the only recourse to file a petition for guardianship with the court?
I would consult with an elder law attorney in North Carolina. Each State is different and they can advise you on your State's specific rules.
I filled guardianship a few weeks back..waiting for court
My brother found out state has taking custody of mom?? So is it too late to get power of attorney
Dad's passing away and step brother isn't able to take care of his self. So brother wants to live with us but what to get sister involved too what is the best guardianship, power of attorney
What about for a person who never had capacity, like a disabled child who becomes an adult.
There are options that we may be able to assist with. Please contact our office at 913-338-5713 or send us an email at contact@kcelderlaw.com, so we can get discuss this situation. Thank you!
Sometimes an individual's wishes change, even after they've made the power of attorney. Then, according to the law, it can be too late. Their's a chance that the power of attorney doesn't honor the individual's wishes, even if the individual's wishes change. Also, be very careful of naming a non-family member as your power of attorney; they can turn nasty on you and name you incapacitated, even if you simply have short-term memory problems.
My mom has severe dementia. I am her Power of Attorney for health and share Durable power of attorney for finances with my brother. My Dad passed away last year. She resides in a memory care assisted living facility. She has a Family Revocable Trust which states if she is incapacitated, then my brother will serve as trustee for the trust. She owns 2 properties. We would like to sell her 2 properties and place the cash from the sales of 2 properties back into the Family Revocable Trust. This trust pays Mom's bills. I have met with 2 attorneys. One said I had to assume guardianship. The other attorney said because we have a letter from her doctor, my Power of Attorney for healthcare and share Durable Power of Attorney with my brother, that should not be a problem. Please explain to me.
A Michigan social worker tried to force my mom to a specific professional Guardian after the woman found out she had money! It was a nightmare!
I saw some news stories on RUclips about guardian abuse, as well as the movie “I Care A Lot” and I recognized many of the same tactics that we experienced as they came after her assets with no less than 5 attorneys. No family should ever go through that!
That movie gave me anxiety attacks. It was so spot on. Everything I went through. Except the ending, I could only wish it on them all.😢
I'm fighting with my husband children who has filed for a guardianship. Do I need to contest it.
So if I have POA do I need guardianship to put my mom with dementia into assisted living
What if your grandparent already has a lower of attorney and their spouse dies and their granddaughter who has been living with them for about a year wants to continue living with their grandma but her grandparents power of attorney has her rmeved from their home and her grandma don't want that to happen?
I’ve just receive a letter telling me mom may be put under a fiduciary just because I requested more funds from the military benefits because my mother was just diagnosed as bring blind. I sent in all the documentation only to be told “ the military now wants to control her money. I also am appointed as POA. What are my options. I’ve always taken care of my mom’s bills after dad died. What do you suggest. She has no bills that are behind. We just paid off her house!!! Any suggestions.
Also I wanted extra funds to higher help at the house because I’ve been spending my money for quite dine time and I was told to request for an increase in medical aide from the military. I feel like I have key my mother down 😢
What is pc I want to know
A person that cannot write, can their only son sign poa for one which is not physically to sign?
There are legal options that will help you accomplish this. Call our office at 913-338-5713 or email us at contact@kcelderlaw.com to discuss the situation.
I want to magistrate, says he’s going to suspend my power of attorney, and I never even used it and my friend made me his power of durable power of attorney now they’re trying to override that and put a guardian in his place. No proof I’ve done anything wrong any help with that but this is a Florida I was wondering maybe you knew😊
I don't need a guardianship how to get rid of guardianship can you let me know? What can I should do to how to get rid of guardianship
Is a power of attorney and a health care proxy equivalent to an irrevocable trust?
How do you get rid of guardian ship I want my guardian ship back soon can you help me get my guardian ship back
I don't need a guardianship what should I do get rid of guardianship I don't need a guardianship I want to be my own guardian I don't need a guardianship please answer me back soon
what does it cost to get a POA?
GO TO A STATIONARY STORE
BOUT $10.00. GET A WITNESS WITH YOU
THEN NOTARY BOUT $5.00 TO $10.00
SO FOR UNDER $20.00 IN TOTAL..
jb.ok
We offer free consultations with the attorney. Please contact our office at 913-338-5713 or contact@kcelderlaw.com
Please I need help!! My loved wife of 30 years became disabled 6 months ago, she can’t sign, talk. I need to access my 401k savings to buy a small place for us , I am 60 years old, but how can I get a power attorney, since she is unable to sign? Please help! Thanks in advance 🙏🏻🙏🏻
@@duartejose93
Free consultation speak to kcelderlaw
I do not see why you cannot be POA
and having a witness at a stationary store hopefully there is a notary there...
Should cost no more than $20 - $25.00
jb.ok
Other way would be guardianship petitioning the courts...time consuming fees and process services
Etc..
I want to be my own guardian ship can you let me know please message me back soon
Can you do a POA yourself n just do a notary
I am a Notary Public, and I always print out a Durable POA for my client(s) and then notarize it. It saves a lot of money for them.
@@reneem6860706
Yes go to stationary store small fee
Get a notary $5.00 to $10.00 fee
But always have a witness
POA over have the person with you...
They have to sign...
Guardianship conservatorship
Total different have to PETITION
THE COURT CLERK FORMS FEE
GET A INDEX # A MUST...
jb.ok
Chase Bank requires there own
Durable Power of Attorney forms
Even though you have a POA..
jb.ok
How do you become POA for a disabled child
Not yet 18
There are options that we may be able to assist with. Please contact our office at 913-338-5713 or send us an email at contact@kcelderlaw.com, so we can get discuss this situation. Thank you!
He also did make me his guardian as well, and that was done by the same attorney
Can a felon be a gaurdian
What if I don't want to be a gudian conservatoship
can a guardianship or Probate court revoke my Power of Attorney ?
Guardianship can ,Just done it
@@yvonneschofield8801 this is so late.
@@RichardSavery52 what happened?
I was raised by a aunt that was also my legal guardian my real mother died am I able to receive any money or a pension that my guardian left behind
Sure, they did mine.
Thanks, but this is far too scratchy voices for sick and weakened, scammed victims, and too unstringent too. Could younpossibly make a short, stringent video with warmth and flow, please?I am too stress-exhausted-harmed to listen and take this in.And : Does Power of Attorney demand the clienat to have and present Power of attorneys? If someone has such good and knowledgeable friends, do they even need the help? Is not the normal sitúation that such good, helpful contacts/friends are lacking? I have asked a few acquaintances knowledgeable withín economics for advice, but they wouldn't engage enough to help me.
You're gorgeous..
I want to be my own guardian ship that way I can get rid my guardian ship with my guardian ship
That is an inappropriate comment, not funny. This is a serious video about a serious situation !
Aquarium investigator comes to house our house and picnics pics about I'm going back to judge and tell the judge and try and get us get us trouble the Court investigator tell the judge and get staff get us in trouble
Kathleen Smith Old my guardian my boyfriend takes me everywhere the doctor's appointments she doesn't want him to not no more but Lewis and Norma Thompson is lying to the judge I don't I do not want Louis as my guardian the more and I did not want her over here at the house no and she's telling lies to the judge and she's telling us she is not allowed to talk to Norma and the judge
Any ThoTs
#STLUCIECOUNTYSHERIFF #MARTINCOUNTYSHERIFF
DO NOTHING
In Texas if I am the POA can I gift myself % per year for the house I I'm the only one caring for both parents. My parents had a clause on the POA that I have the power to gift