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A doctor has declared my elderly parent is incompetent because of her severe stage of Alzheimer's.

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bcherrydavis,

Carolyn Rosenblatt, a Power of Attorney and guardianship expert has written an answer to this question that many of the other caregivers have asked on our website. You are not alone here caring your elderly parent with Alzheimer's. The following link will give you an experts answer to your question.

Dad has Alzheimer's. Is it too late for him to name a power of attorney?
https://www.agingcare.com/Answers/Alzheimers-power-of-attorney-139458.htm

Also, the following article might help you regarding guardianship not necessarily POA.

How to Get Guardianship of an Elderly Parent
https://www.agingcare.com/articles/how-to-get-guardianship-of-elderly-parents-140693.htm

Best of Luck,
Karie H.
AgingCare.com Team
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You ask if you can file for guardianship without an attorney. It is possible to represent yourself in court, but I don't recommend it. The laws of guardianship can be quite complex. It can be costly and embarrassing to try to handle a legal matter with which you have no experience or skill all by yourself. It is far better to get legal advice. One can't replace legal education and experience when it comes to protecting the rights of a vulnerable elder. If you haven't retained an attorney because you believe you can't afford one, seek low cost legal services through your local bar association, through Legal Aid, or through community-based legal services for elders. Search the resources available in your area. If you don't know where to begin, try your Area Agency on Aging and ask for legal resources for low income persons. Please do all you can to get an attorney to advise you.
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You may technically be able to file for guardianship or conservatorship in your state, but it really needs to be done by an attorney who is familiar with the process. This is a specialized area of law and the rules are different in each state. If affordability is an issue, contact your state bar association (or visit their web site) and ask for pro bono (free) legal representation for you and your parent. Also try this website: StateBarAssociations.org - it lists pro bono legal assistance organizations for each state. If you can't get an attorney to help for free, check out the fact sheets on your state bar or county bar's website, and look for free workshops or clinics they provide on filing for guardianship or conservatorship yourself.
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want to get legal guardianship for my mother who has alzheimers and was reciding in Tx with my younger sister for the past 3 and a half years. Dont know if she has any legal papers. But I didnt like the living conditions when I went to visit my mother at my sisters.
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I recently retained and attorney to filed for guardianship of my mother because she is not physically able to provide POA. The guardianship was granted in Oct. However, the attorney has missed two (2) deadlines for filling the initial guardianship reports, the last of which was do today. (15 day order to file) I have provided everything requested of me to the attorney and opened the guardianship account and maintained accurate records of all papers provided to attorney. My question is do I have to keep this attorney? and how do I go about changing? Do I need an attorney for the yearly fillings?
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