What do do when there is no durable power of attorney
My Grandfather is in the advanced stages of Alzheimer's. To date he has refused to sign a power of attorney. He has been getting increasingly aggresive with my Grandmother and has recently started to threaten her. He still functions on many basic levels, but cannot remember events from one minute to the next. From the research I've done, it sounds like when the time comes that he needs to be placed in a long-term facility our only option will be requesting that the courts appoint a guardian. (I love him dearly, but I also know that he will never willingly leave his home.) I guess my question is, is a guardianship the best way to handle this? It is getting to the point where my Grandmother's safety may become an issue. At the same time, if we remove her from the home there is no way the he can survive day to day. I appreciate any advice you might have. I am lost.
1 Answer from Attorneys
Re: What do do when there is no durable power of attorney
Unfortunately, the answer is the one you're admitting. You will have to follow whatever procedures are involved in your state to have him declared disabled or incompetent and have a guardian-conservator appointed.
Let me console with faint consolation. A power of attorney would probably have enabled you to move him if he didn't object -- it lets you act where he can't, even if he's just inert. But police or custodial will usually not follow that power against his opposition. So you might still have needed guardianship. Good luck.
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