My mother lives with me full time and I provide 24/7 care as her dementia is in the advanced stages. I have a form from her primary care provider that states my mother no longer has the mental capacity to make any informed decisions about anything.
Based on that, do I really need to hire a lawyer to file for guardianship? Her only asset is $20,000 in a savings account that we're using for when she passes; I use her Social Security to help offset daily living costs, otherwise everything is out of my pocket. I live in Michigan and they provide good documentation on how to file so I'm wanting to make sure I'm not making a mistake by doing this myself without the help of a lawyer.
They didn't want me to do it but they didn't want to do it either. They were just worried that I was going to steal from her which the guardianship through the court protects against that because I had to submit an annual accounting through the court. Also as a child of the protected person they will definitely award you guardianship unless there is an instance of abuse. Which I'm sure is not happening with you. It is overwhelming. Download the paperwork off the county website and take you time filling them out. They should have free resources listed have someone look over your paperwork before you turn it in. It will all work out. Best wishes for you and your mom!
I would put that 20k in a prepaid funeral trust. And not sure if Medicaid allows 20k. You may need Medicaid one day. That 20k will need to be spent down and only on her. You can't modify your bathroom to accommodate her out of her money because you profit when and if u sell ur house.
I would look into the cost in hiring a lawyer, it can be very expensive and u should use Moms money.
I went through the process with my parents. No way I could have done it myself. There’s a million ways to screw it up. It’s a very archaic legal process. It cost me about $4000.
You could make an appointment with a lawyer as a consultation and generally the first visit with a limited time would be free or reduced.
You can go ahead with the plan you have and fill out the proper paperwork and go to court. If at that time the Judge or an attorney there feels that you need legal consultation they will advise you to seek council. Their goal is to protect your mother and her assets..
If you think you have all the paperwork you need completed.
If you do not think there is anyone that would not want you to be Guardian, or thinks you should not be Guardian.
I doubt there would be a problem.
At the consult with the elder law attorney, I would also ask questions about Medicaid qualification. You may have things under control now, but if your mom's health goes into crisis at the same time her dementia is worsening (and, heaven forbid, something happens to your own health!) and you are her only 24/7/365 caregiver, you may want to just have the option of transitioning her into a good facility and then apply for Medicaid for her and know she would qualify. Right now, with you paying for her expenses and not knowing what the Medicaid financial "look-back" period is on the app (in some states it is 5 years), you could be actively disqualifying her. You may never want to think of moving her into a facility, but if you read the many many posts and responses on this forum under Caregiver Burnout, you will see that leagues of well-meaning and loving people swore off nursing homes for their LOs just to find themselves in a dire emotional, mental and financial state and wishing (too late) that they could have had this option. You don't have to ever use it if things go "smoothly" for your mom and you until she passes, but if it doesn't... just saying an ounce of prevention, etc. I wish you all the best as you care for your mom!