Quote:
Originally Posted by littlp
Guardianship and power of attorney are NOT automatic upon marriage. Guardianship is a legal matter to determine if the person is unable to make their own decisions and needs someone to do so for them for their safety ie Britney Spears. This is a safe guard to make sure that people aren’t just taking over their spouse’s affairs in abusivr relationships. They have to notify the family by law in case someone else wants to take over due to the person petitioning to be a guardian either not being able to or are suspected of doing so under immoral circumstances. If your mom was able to she could have done a power of attorney for your dad to make medical and financial decisions but it sounds like she didn’t. Guardianship is very serious and if he gets it, you guys wouldn’t have any say in her medical treatment or financial affairs.
I’m honestly surprised that the nursing home took her without guardianship in place. Where I am at many places will not accept someone if they have dementia and don’t have a guardian in place because many want to leave. Technically they can’t keep someone against their will unless they have been deemed unable to make their decisions which is what a guardianship does. Surprisingly-he’s not lying about needing this.
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Thank you for writing this post, you are 100% right.