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My wife has Frontal Temporal Dementia which has progressed at an alarming rate. She is 66 years old. By the time we recognized the symptoms and got her diagnosed, she was past the point of being able to sign a legal document (Power of Attorney).


She is now at a point where she needs full time care. She will NOT go into a nursing home voluntarily. Does anyone know the process for having some "committed" (I hate that word) to full time nursing care when there is no Power of Attorney papers in place? My understanding is that she will need a "Court Appointed Guardian." Is that correct? How do we begin that process? Can I be her Guardian or does it need to be someone outside of the family?

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I can tell you honestly that one of the easiest ways to become her court appointed guardian is when a social worker calls from a hospital and says "You have to get a temporary emergency guardianship, so we can place your wife in long term care". Basically, in many states, they simply "call a judge".
Now, if you are trying to do this, it is yes, get your documentation FIRST from the doctors. You will need their letters that your wife can no longer make her own decisions. Then go to Elder Law Attorney. With good documentation there is likely not to be any fight over guardianship or conservatorship, and you will get this done, not without cost, but at a lower cost. Start with gathering your documentation. Then make an appointment with elder law attorney.
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ixamnis Sep 2020
Thank you, this is helpful.
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You can petition the court for guardianship. I think that you need to consult with a certified elder law attorney (www.nelf.org is the best place to find one in your area) and find out what you need to have to present this to the courts.

As the legal spouse you do have some authority, even without a POA. The attorney will be able to guide you.
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