Legal Question in Elder Law in Kentucky

Guardianship or POA
My mom lives in KY w/ her common law husband and I live in Ohio. My mom can't physically care for herself due to a stroke losing the use of her left side w/ partial use of right side. On July 23rd she will have her right shoulder operated on she will be completely helpless. Last Jan 08 my mom had the ball joint replaced in her right hip. My moms common law is an alcoholic when he drinks my mom goes uncared for and hungry. She lives in a drug trafficking neighborhood, someone stole $340.00 out of her purse and her medicine gets stolen. When common law got drunk he got a cash loan to drink more and do more drugs. Myself and my sister want to have guardianship over my mom and have POA over her. However we've been informed that since she has her mental faculties we can't do anything. I would like to take advantage of my moms upcoming surgery to become her guardian and POA. What can we do? My mom won't leave her common law. People come in as they as please and use her phone running up her phone bill making long distance. We can get enough proof that she needs someone to take over her care. Can we successfully obtain guardianship and POA?

Asked on 6/25/09, 8:46 am

Martin Kasdan, Jr. Martin Z. Kasdan, Jr., Attorney at Law

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Re: Guardianship or POA

Guardianship is an involuntary, court-based issue. If, as you say, "she has her mental faculties," seeking guardianship would not be appropriate.

POA is voluntary. You and your mother can have an attorney draw up a POA, allowing you to handle her finances.

You may also wish to consider becoming her health care surrogate, similar to a POA, only with a focus on medical rather than financial matters.

You may also wish to consider having Adult Protective Services investigate the situation.

I wish you well.

Answered on 6/25/09, 12:06 pm

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