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Mostly Independent
Your loved one may not require home care or assisted living services at this time. However, continue to monitor their condition for changes and consider occasional in-home care services for help as needed.
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Could you expand on this a little bit? The elder has dementia and has a court-appointed guardian. And the elder doesn't want that person to continue as guardian because ... ??
Does this elder with dementia have a new "partner" (as in domestic partner)? Is that who the elder wants as guardian?
Any change would have to go through the courts. But you may get some more specific responses if you explain the situation in a little more detail.
If the elder is "incompetent" -(my interpretation of "in confident") they cannot appoint a POA. (my interpretation of pot), POA can only be appointed when a person is competent. As far as I know, as Jeanne has said, any change in guardian would have to go through the courts, and there would have to be a very good reason for a change in a court appointed guardian. Also, I suspect it would be quite expensive. More information would be helpful.
From the information you provided I doubt the court would consider a change in guardianship at this time. The only reason I could think they would change it is if the appointed guardian was remiss in his/her duties. POA is very different than guardianship. What emjo wrote is true. Your partner can only appoint a new POA if he/she is legally competent to do so. Since there is a guardian at this time, I suspect that your partner's competence has been in question in the past. Tell us a bit more and someone may be able to help.
imo , if the court has already appointed a guardian they have thoroughly looked at the alternatives and made an informed decision . i think it would be difficult to have the judges decision reversed for any perceived reason . any attempt would be an expensive exercise in futility and the court would likely deliberately drag the process out to squelch the argument .
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Does this elder with dementia have a new "partner" (as in domestic partner)? Is that who the elder wants as guardian?
Any change would have to go through the courts. But you may get some more specific responses if you explain the situation in a little more detail.
As far as I know, as Jeanne has said, any change in guardian would have to go through the courts, and there would have to be a very good reason for a change in a court appointed guardian. Also, I suspect it would be quite expensive.
More information would be helpful.