When is a Power of Attorney Not Enough?

So what if Aunt Gertrude is being helped by Milly, and Milly is not doing anything she shouldn’t do (as in so many of our earlier examples), but Aunt Gertrude still needs more help.

What if Aunt Gertrude gets to the point where one or more of the following occur:
• Aunt Gertrude refuses to cook for herself unless Milly will visit her
• Aunt Gertrude leaves the water running in the sink, for who knows how long.
• Aunt Gertrude refuses to care for her own routine needs, like bathing.
• Aunt Gertrude gets frustrated because her sister never calls her anymore, and you know that her sister has been dead for ten years.

There may come a time when a durable power of attorney is not enough. Aunt Gertrude may need a legal guardian. This article will begin a discussion of guardianship. This time we’ll tackle two types of guardianships: guardian of the estate and guardian of the person.

The guardian of the person is exactly what it sounds like. This guardian has the responsibility of caring for the person. . .for Aunt Gertrude herself. She has to insure her safety, her well being, where she is living, and her medical care.

The guardian of the estate is the person who is caring for Aunt Gertrude’s financial life and all that it entails. This is the person who is going to be sure Aunt Gertrude’s bills are paid, that her money is secure, and that she can afford the accommodations which are being made for her.

If a power of attorney is in place and you still need further assistance and protection for your Aunt Gertrude, perhaps a guardianship is in order. Contact us in Central Pennsylvania and we will be happy to discuss your case with you. If you are elsewhere, locate an attorney who can assist you.