my mother in law is incompentant of living alone and we have 3 dr's who have advised us to get her in a home. Will having guardenship of my mother in law be a better solution then having POA or should we go about it the other way? She lives in FL and has a home, timeshares, land and credit cards, along with other bills. We do not want to sell off all of her assets just to pay a lawyer for something that we could have done ourselves. She does recieve SSI, and is 62yrs. old. Please help she needs to be somewhere with trained proffesional, she is a danger. We lover her and want her to get help but we don't want her striped of everything she worked her whole life for.
1 Answer from Attorneys
A guardianship is sought if you don't have a POA. If you have a POA, then generally a guardianship would not be necessary. If you haven't already had her sign a POA before she became incompetent, your only choice will be to pursue a guardianship. She can't execute a valid POA while she is incompetent.
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