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 handles personal care, and an Estate Guardian, who manages financial matters. You can be appointed as either or both.

As a guardian, you will not be personally responsible for your aunt's bills. Instead, you will manage her care and finances using her income and assets. Your responsibilities include ensuring her health and comfort, making decisions about her living arrangements, and obtaining necessary medical services.

You cannot place her in a nursing home without court approval. If her income and assets are insufficient to cover her expenses, you may need to apply for government assistance programs. You should also keep detailed records of all transactions and file regular reports with the court.

As an Estate Guardian, you will manage her estate, which includes all her property and finances. You must keep her funds separate from your own and cannot use her assets for personal purposes. If you need to sell any of her property, you will require a court order.

Additionally, you should notify the Social Security office of your appointment as guardian if she receives benefits. You will also be responsible for filing her income tax returns if applicable. For further assistance, consider consulting an attorney familiar with guardianship laws.

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 court will assess the patient's condition and determine if guardianship is necessary. You may be appointed as a Personal Guardian for care or an Estate Guardian for financial matters. It's essential to provide medical documentation of the dementia diagnosis and demonstrate your ability to manage their care and finances responsibly.