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I'm 70 & live in Tennessee; my mentally incapacitated brother is in his early 70's & has been living in an ALF in Texas for several years now due to not being able to live alone nor manage his own affairs anymore. He was rescued by a good friend about 8 years ago from living alone in deplorable hoarding/neglected living conditions & suffering from declining mental & physical health; she (the friend) really helped get him life-saving help when he needed it most & asked if I would consider giving her PofA over his care & affairs. I was very glad (and even more relieved, actually) to sign PofA over to her. She took care of getting him stabilized with vital medical care & then finding him a good ALF as well as visiting him regularly, taking him shopping for necessities, clothes, etc. & making sure he was being well-cared for. Unfortunately, around August of this year, she was diagnosed with stage 4 metastatic lung & brain cancer & declined rapidly, recently passing away in mid-October. Apparently, no provision was made for contingency PofA; the caregiver's adult daughter was left with taking care of trying to handle her mother's affairs & sort out everything she was left to do, plus live her own very busy life. She & one of her aunts trying to help handle their deceased relative's affairs have texted me a few times, stating they don't have time to deal with the added responsibility of my brother (understandable) but also not being subtle about pressuring me (or someone else in our family) to take over PofA for him. Long story shorter, the only immediate family my brother has left is myself & our younger sister (who is 63 years old). Neither I nor our younger sister are able or in any position to take over PofA, conservatorship or guardianship responsibilities for our brother, though we wish we could & also do more for him. We each live over 700 miles away, in different states, & are tasked with full-time responsibilities dealing with retired/disabled spouses; my sister still has to work full time to help make ends meet & I've found myself having to adjust to being forced into retirement & onto Social Security/Medicare from a job I had for the past 20 years ("company restructuring/reorganizing/consolidating positions", etc.) My income from Social Security is now roughly a third of what it was (not including all the overtime I worked whenever possible); losing a lot of formerly company-subsidized benefits & adjusting to a new "normal" with substantially less funds available being quite the challenge, as well as dealing with my retired/disabled spouse who has several chronic debilitating health conditions with more cropping up recently & is needing more & more supervision/assistance than ever.I've tried asking the former caregiver's daughter about what's being done as far as my brother's care, financial provision, etc. but get no answers, just random copies of various documents & pressure to assume PofA. I was recently informed by my brother's ALF that his account is in arrears due to not being paid for the past few months; a 30-day notice was filed in November & it's now December (about $7,000 due with more accruing). Social Security sent out a letter stating his income has been suspended due to needing a new payee to handle his money, etc. & his Medicaid needs converted from community to long-term care, etc. It seems to me the only viable option left is guardianship; will that at least help get this whole convoluted/complicated mess resolved? It certainly needs to be addressed ASAP & with no extra funds for extra expenses like costly lawyers, etc., any & all help, information & advice is welcomed & sorely needed at this point; thanks in advance!!!

HuntnFishGal313: State to your brother's facility that you are not his POA. Your brother is not of sound mind to grant POA to anyone.
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Reply to Llamalover47
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Usually, the state will appoint someone if one is not available. Contact the Clerk of courts office and they can guide you on appointing someone. My mom passed recently and I was her guardian for her long journey with Alzheimer’s. Clerks office helped me a great deal.
good luck.
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Reply to Caring4Mom2018
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Contact social services and explain that the poa died. Let them know there is no one who can handle the situation and ask that they take over guardianship and if needed assign an attorney to manage his finances.
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Reply to JanPeck123
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Tell admins at his AL that you have no legal (or financial or health) ability to manage his affairs and to refer him to their social worker to start a court-assigned guardianship process.
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Reply to Geaton777
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If you don't want to take on guardianship of your brother, he may need to be a ward of the state.
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Reply to Jamesj
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Grateful4Ideas Dec 11, 2024
I think she's saying she is unable to take on another caregiving role-physically, financially, geographically- not that she doesn't want to. Understandable.
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Your brother has to be competent to give POA so not sure how friend was able to get it. Now, it would be guardianship.

I agree with Alva, APS needs to be called in and the State becomes his guardian. Who was paying for his ALF? They are usually private pay unless you can get a Medicaid waver.
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Reply to JoAnn29
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Please tell your brother's facility that you are not his POA and do not have the health to do it, that his POA has died. Ask them to call APS to begin state guardianship proceedings; tell them that they can supply your number and the number of the estate of the guardian/POA for records. This is what they must do to get paid, and that you cannot help them with the problems of your brother. Give them the name of the executor of the former POA so that records can be retrieved by the courts.

Also inform the executor of this woman's estate that they have now, as part of her estate, to report her death to all those she was on record for as the POA. Ask them to call APS to figure out how to turn these records over to the state court.

Then YOU make that call to APS. At that point you will have three calls into APS. Hopefully one of them will work. Meanwhile, do understand that the ALF cannot put your brother out into the streets.

You are in no place and in no condition to attempt to take on guardianship, even TEMPORARILY. Do know that if you accept guardianship you cannot simply resign it as it is a court action to do so and judges typically do not allow resignation of guardians, often even in extremities of health problems.
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Reply to AlvaDeer
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Grateful4Ideas Dec 11, 2024
Agreed! Excellent advice.
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The state needs to become his guardian. Do not move him out of his state for any reason. He needs to become a ward in the state he has residency.

Do NOT attempt to become guardian or PoA yourself. This is not your problem to solve.
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Reply to ZippyZee
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State guardianship would be the most viable solution in this circumstance, and probably the only solution. I don't understand how you were able to "sign over" POA to someone else in the first place. POA needs to be designated by the principal, and it doesn't sound as though your brother (the principal) was involved at all. As far as social security is concerned, your brother would have himself had to name someone as his rep designee, unless he was considered so incapacitated that the state was involved. My heart goes out to you in this situation, but I think the best that can be done is to immediately report your brother's situation to Adult Protective Services so the guardianship process can be started. Brother's payments to the AL should have been set up for automatic withdrawal from the account to which his social security and other income was deposited; that way, he wouldn't have ended up in arrears due to the death of the person writing the checks. Right now, with social security being suspended, there's likely no way to pay the AL.
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Reply to newbiewife
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If no family member can or wants to do what needs to be done as his POA and no one wishes to become his Guardian (and that is what would have to happen since he may not be able to make the decision as to who he wants as POA) He can be assigned a Guardian by the Court. I would discuss this with the Social Worker at the facility I am sure they know how to get started. Or you can talk to an attorney in the county where your brother resides.
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Reply to Grandma1954
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