try for POA or get guardianship

[Hokorippoi]

What is the name of your state?What is the name of your state? Maryland

My Grandmother has an Aneurysm of the brain in 1979. After which she refused Physical therapy. My Mother had to talk them into not putting her away in an nursing home forever.

My grandmother has just came back from the hospital 2 weeks ago from a fall that left her on the floor for 2 days. She has been in the hospital 3 time this year all really, and in an nursing home 2 times. The Social worker only allowed her back home after saying my grandmother need someone there 24/7, but while we are there she shows her mean side. She can be nice one min. and mean the next, but she has control over it to play mind games. (She makes the Physical therapist thinks she is always a nice old lady)

She has had a tumor in her head for over 20 years that may be causing her personally, but her doctor will not talk about it to her or her family. He knows that ever time in the past that a doctor has try to get her to have it taking out she would change doctors.

She has been unable to handle her finances well after the Aneurysm. She goes into the red many times a year, and has calmed bankrupts in the past. (at the bankrupts her lawyer told us she can not understand the bankrupts, and we should take over her finances)

She has a POA for her finances, but he does not live around her, and does not used his power. (he did not want it but she would not stop bugging him)

My mother would like to keep her out of a nursing home. To do this she we need to be in her home 24/7. My Grandmother most days at some point says that she going to call the cop to get us out of her home.

If we get POA of property can we stay in the house?
Should my mom try to use her mom's good mood time to get an POA, or if she should try for guardianship?

 

[BlondiePB]

What is the name of your state?What is the name of your state? Maryland

My Grandmother has an Aneurysm of the brain in 1979. After which she refused Physical therapy. My Mother had to talk them into not putting her away in an nursing home forever.

My grandmother has just came back from the hospital 2 weeks ago from a fall that left her on the floor for 2 days. She has been in the hospital 3 time this year all really, and in an nursing home 2 times. The Social worker only allowed her back home after saying my grandmother need someone there 24/7, but while we are there she shows her mean side. She can be nice one min. and mean the next, but she has control over it to play mind games. (She makes the Physical therapist thinks she is always a nice old lady)

She has had a tumor in her head for over 20 years that may be causing her personally, but her doctor will not talk about it to her or her family. He knows that ever time in the past that a doctor has try to get her to have it taking out she would change doctors.

She has been unable to handle her finances well after the Aneurysm. She goes into the red many times a year, and has calmed bankrupts in the past. (at the bankrupts her lawyer told us she can not understand the bankrupts, and we should take over her finances)

She has a POA for her finances, but he does not live around her, and does not used his power. (he did not want it but she would not stop bugging him)

My mother would like to keep her out of a nursing home. To do this she we need to be in her home 24/7. My Grandmother most days at some point says that she going to call the cop to get us out of her home.

If we get POA of property can we stay in the house?
Should my mom try to use her mom's good mood time to get an POA, or if she should try for guardianship?

You mom needs to petition/file for guardianship over your granny. Guardians can do things that POAs cannot do, and granny sounds incompetent. Make sure that the court order includes Health Care Surrogate/Proxy.

Granny needs to see a psychiatrist asap regarding her mood swings. Y'all are going to have to learn to ignore how she behaves differently in front of different people. That's just what some incompetents do. Regarding the brain tumor, it may be too late to do anything about it. Once you mom is granny's guardian and Health Care Surrogate, you mom can legally discuss this with granny's doctors. Wards can still refuse medical treatment when they are capable of doing so.

 

[Hokorippoi]

Hi,
I have not been able to got my mother to goto a lawyer yet.
Also, the POA(Money) is now living in texas.

My grandmother has been in the hospital one or two more times. She was unable to have her normal doctor this last time, because he was out of state. Another doctor that was put down as a 2nd option came.

The temp doctor seeing how she acts, asked for a full phy review of her to test her level of competently, but the state denied it saying that a _basic_ was all that was needed. A "basic" was done.
She was asked 4 things:
Name (Name)
Age
Where does she live (home address)
Where is she now (hospital)

The doctor, and the social worker said that because she was able to answer the 4, that they could not force her to go anywhere (the last doctor wonted her in a nursing home. This one would like her to go to a hospital that is for helping people recover, and walk), and that she is _Fully competent_ and able to deside how she will live.

The doctor told us that there is nothing he could do, and the social worker says that they are not going to ask us to be with her at all because she is _fully competent_ (before the Social worker asked for us to be with her).


Now that they are saying she is _Fully competent_ getting a Lawyer would not help, right?
Or is there something else we can do?

 

[BlondiePB]

The temp doctor seeing how she acts, asked for a full phy review of her to test her level of competently, but the state denied it saying that a _basic_ was all that was needed. A "basic" was done.

Please define "the state" and how "the state" is/got involved in this.

 

[Hokorippoi]

By State, I mean The department of social service's. They got involved becuse the Doctor ask when she was in the hospital.

 

[BlondiePB]

By State, I mean The department of social service's. They got involved becuse the Doctor ask when she was in the hospital.

Thank you. A social worker is NOT qualified to determine whether or not one is incompetent. Since your mother has not done anything about the situation, she is allowing this to happen. You, yourself, can petition for guardianship. The court will assign an examination committee to evaluate granny's competency. See an Elder Law attorney for a consultation. Most provide free initial ones.