How to Get Guardianship of a Parent: What is Legal Incapacity?
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- Опубликовано: 7 июл 2024
- Family caregivers, considering how to get guardianship of a parent often ask, what is incapacity? In Part Two of the Webinar Series How to Get Guardianship of a Parent, Pamela D Wilson offers a practical explanation of what is legal incapacity and why this is a requirement to obtain guardianship of a parent or an adult.
Scroll down to access the link to the entire 4-Part Guardianship Webinar Series.
After watching How to Get Guardianship Part Two, family caregivers will learn:
• Common definitions related to an agent under a medical durable power of attorney and a guardian
• An increased understanding of what legal guardianship means
• The importance of talking to elderly parents about guardianship
• The different types of guardianship
• Who must be advised about the intention to petition for legal guardianship
• Why a guardianship may be “contested”
• The legal definition of incapacity
• What is the medical substantiation of legal incapacity?
• Other demonstrations of health, safety, and decision-making concerns for a parent
To access the entire Four Part Guardianship Series Webinar, visit Pamela's website:
pameladwilson.com/how-to-get-... 
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Great information, thank you!
Glad it was helpful!
Thank you very helpful
You're welcome. Thank you for watching and commenting.
I need some serious help with my dad, I don't even know what to do at this point. My mom was recently put in memory care, so I've been handling that. My dad is uncooperative. He loses the car, spends thousands of dollars, has nearly totalled the car pulling out of the driveway, refuses to acknowledge the hdpoa, and MRI scan from this year shows significant brain atrophy. I've gotten phone calls from the police. I work full time while taking care of mom and trying to manage dad. I'm drowning.
Thanks for sharing your story. Here is some information that may help you decide on next steps. It sounds like your dad may need you to take over due to his brain atrophy. This is my online webinar program with information about guardianship. pameladwilson.com/how-to-get-guardianship-of-a-parent-obtain-legal-guardianship-online-course-pamela-d-wilson/
I'm just so stressed because I don't know where to start.
Asia - Here's a great resource on my website - 8 different sections with information pameladwilson.com/support-caring-for-elderly-parents-overwhelmed-caregiver-support-online-course/ Write down all of your concerns and then rank them by severity and time-sensitivity and begin there.
My husband got sick right as we were trying to finish our will, we can no longer finish due to dementia, I’m stuck now , trying to figure out what to do now!
You can get guardianship or conservatorship (whatever the term is in your state) and complete the will as the conservator.
I would imagine if other family members disagree with guardianship role of a certain sibling, there may be very legitimate reasons for it. I am worried that my dad will be facing this situation soon as I am seeing signs that is throwing up red flags that my sister is pulling. She has recently been saying, "dads memory...". This past week my dad was in the hospital for congestive heart failure. The doctor ordered the nurses to give my dad pills for his mind. She got the doctor to put my dad into a 10 day rehab "for his mind" that I found out talking to the nurse. He was sent there today and will be there for 2-3 weeks. I do not oppose rehab, I just don't trust her intentions.
The first time talking to him on the phone in the hospital, nurse came in to give him a pill, he asked what it was, I could hear her say, "it's for your mind". He says, "my mind?" I am not aware that my dad was diagnosed with demetia, yes he has some memory lapse for an 80 year man, with what I have always suspected some kind of mental illness but never disclosed to us. We all have some memory lapse, it doesn't make us incompetant. He never made rational decisions, even when he was young. But he is no different now than he was 30 years ago. It will be easy for my sister to get guardianship because his "condition" could be viewed by doctors as dementia.
He recently got money after selling property he got after his wife passed away. He can't hold onto money, he never could. He's always been stupid with money, but then again so are most people, including my sister. She has been wanting to get a 2000 s/f double wide for a couple of years but she and her husband have not been able to purchase one, or when they could have, they blew the money instead. Since dad got his money a month ago, she got him to pay off her $13,000 credit card debts, co-signed for her double wide and gave her $50,000 for her down payment all of which she outright lied to me about when I confronted her, claiming that she used her own money. (she never has money except when she sues someone). Supposedly, her recent settlement was for a VA disability. He added her to his checking account, thankfully, he only added her to one, not all three. He wrote a check to the church for I think $50,000. He's always tithed and he's always supported the International Fellowship of Christians and Jews. When he told her he was going to send a check to them for a hella lot of money, she got him to pause by trying to talk him out of it. She complained about all the money that he has given everyone else, including the old debt of $2700 he paid me back.
What he has left may seem like a lot to most people but it isn't a lot to me. My husband and I are quite wealthy and debt free. We never relied on our parents through life but I had to learn to put up guards to protect our money from vultures. The other day, I told my dad he could live with me. I offered that to him only to protect him, which is what he wanted when he put his property under contract. We don't live in the same State. I told him no a couple of months ago because I didn't think he needed to be taken care of yet. I told him he could stay with us for a while until we found him a house for himself if he wanted to come back 'home'. He is currently (apart from rehab) living in my sisters camper on her small property. The plan was to move into her brand new double wide after she got it. I don't understand why he sold that property, he should have stayed put then left it for his wife's daughters.
I inserted a link into your other comment and will also place it here. It's probably time for you to be proactive about the situation based on the information you are sharing here. pameladwilson.com/how-to-get-guardianship-of-a-parent-obtain-legal-guardianship-online-course-pamela-d-wilson/