How can I obtain guardianship for my aunt with Alzheimer's?

Full question:

How do I go about obtaining guardianship for an aunt who is 89 years old and has Alzheimer disease? Would I become responsible for her bills?

Answer:

To obtain guardianship for your aunt, you will need to file a petition in the Circuit Clerk's Office. There are two types of guardians: a Personal Guardian, who takes care of the ward's personal needs, and an Estate Guardian, who manages the ward's financial matters. You can be appointed as both or have separate individuals for each role.

As a guardian, you are not personally responsible for your aunt's bills. Instead, you will manage her finances using her income and assets. You must ensure her needs are met, which includes her care, comfort, and health. If her funds are insufficient, you may need to apply for government assistance programs.

As an Estate Guardian, you will need to file an Inventory of her assets within sixty days of your appointment. This includes listing all property, bank accounts, and other valuables. You must keep her finances separate from your own and maintain accurate records of all transactions. You may also need to file periodic reports to the court regarding her financial status.

If your aunt receives Social Security benefits, you should inform the Social Security office of your guardianship appointment. This can help manage her benefits effectively. You will also be responsible for filing her income tax returns if applicable.

Consulting with an attorney can help you navigate the guardianship process and understand your responsibilities better. Your duties as a guardian will continue until the court relieves you of them, which can happen upon your aunt's death, your resignation, or if her capacity changes.

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

To obtain guardianship of a dementia patient, you must file a petition in the appropriate court, typically the Circuit Clerk's Office. The process involves demonstrating that the individual cannot manage their personal or financial affairs due to their condition. You may need to provide medical documentation of the dementia diagnosis. If granted guardianship, you will be responsible for their care and financial management, ensuring their needs are met.