Our mom has been in declining physical and cognitive abilities for some time now. She was still living alone, but in an extreme case of environmental and physical neglect.
Last week I discovered her unconscious in her apartment. We're not sure how long she was there. 6 days hospitalized, and now at rehab.
Long Term care will be needed - She can't address her daily wound management that will be needed for the rest of her life.
In her cognitive decline she's resisting it. We need to start the Maryland Guardian process quickly, and looking for a capable and, hopefully, inexpensive attorney to expedite this process.
Any suggestions or referrals would be greatly appreciated.
Thanks!!
Guardianship a process usually heard in probate court under whatever rules your state has set up for guardianship and the type of guardian ship you are seeking.... like if it is going to be total or just financials. How probate tend to run in areas is that atty are recognized by the specific court and have an online portal linked to the court using their bar # to submit documents. Probate records for the most part are open, so in theory you can go online to look at docket filings and what will happens is that there will be a smallish list of atty’s who do the majority of guardianship filings. Those are the guys with experience for this judge. That’s the group I would call. You can Also go to the state Bar to find guardianship atty in your county or parish. It seems to run 5k-15k which you as the applicant have to front. But should you be appointed, you can try to get those costs reinbursed from the assets of the elder. Courts will do some degree of background check, suitability review of the applicant. You might get asked in detail why it took you days to check on her. Your atty can guide you on all this. Court required reporting on how funds spent on all guardianships.
IF the situation is dire or if you cannot front the costs or perhaps think there will be issues on suitability, the facility she is in can request for APS (adult protective services) to look into having the resident become an “emergency ward of the state”. APS will place a request for this action to the court. The social worker at the NH should be able to tell you how it’s been done in the past. What usually happens is the court will have a vetted list of attorneys or “state certified” guardians or conservators that are appointed as interim or temporary guardianship / conservatorship. Emergency ward of the state happens quite a bit..... like there’s elderly who don’t have a DPOA or don’t have any family or family nearby so someone has to made decisions and the court appoints a guardian from a vetted list to do this within 48-72 hrs.
If family is squabbling on who’s to be the decision maker often judges flat default to naming an temporary outside guardian. Gives family time to sort our their differences.
If there’s no POA and elder is resisting things big time, perhaps being very very difficult or not being compliant in her care, and all this is documented in her chart, going the APS emergency ward of the state may be the fastest way to get beyond this. Perhaps after an interim period of 3-6 months, yiu then file to become her permanent guardian. Yeah it’s hard & im sure your overwhelmed. Good luck.