How can a son obtain guardianship for his mother with dementia?

Full question:

Dad died; son needs guardianship for mom and guardianship of assets and house. Mom has late stage dementia.

Answer:

To establish guardianship for your mother, especially given her late-stage dementia, it's advisable to consult with a local attorney who specializes in guardianship matters. The attorney can provide an estimate of costs, which typically range from $3,500 to $6,000, depending on whether the guardianship is contested.

There are two types of guardians: a Personal Guardian, who cares for the individual, and an Estate Guardian, who manages the ward's assets. One person can serve as both, or separate individuals may be appointed. The Personal Guardian is responsible for the ward's care, living arrangements, and medical needs, while the Estate Guardian manages financial matters, including investments and property.

As the guardian, you must keep the ward's finances separate from your own and maintain accurate records of all transactions. You will also need to file an Inventory of the ward's assets with the court within sixty days of your appointment. This includes listing all property, bank accounts, and any debts.

Additionally, if your mother receives Social Security benefits, you should notify the local Social Security office of your guardianship appointment to manage these benefits on her behalf. You may also need to apply for government assistance programs to help cover her care costs.

It's crucial to follow all legal requirements and consult an attorney to ensure compliance with Illinois law throughout the guardianship process.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Deciding to place a dementia patient in a care facility often depends on their safety and care needs. Signs that it may be time include increased confusion, wandering behavior, difficulty with daily activities, and the caregiver's inability to provide adequate support. Consulting with healthcare professionals can help assess the situation and determine the best course of action for the patient's well-being.