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Sivert

Guardianship of a parent

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My mom lives in Arkansas, she has dementia and has been declared by the court as mentally incompetent to care for herself. I live in the same town as my mom.  My uncle (her brother) is 75 years old and lives in Texas and only visits Arkansas once a year. He maintains no residence or business in the state of Arkansas. Can he apply for guardianship of my mom? How can he manage her affairs being so far away? I really need to know whether he has any standing in the court and how I can fight against him getting guardianship.  Thank you.

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Do you want to be your mother's guardian?  If so, and assuming you are a competent adult yourself, you should contact the caseworker assigned to your mother's case and discuss how to make it happen.  If not, what is your objection to your uncle?  None of the reasons you post in your message disqualify him from doing it.  Would you rather she be made a ward of the state and have a complete stranger manage her affairs?

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14 hours ago, Sivert said:

My mom lives in Arkansas, she has dementia and has been declared by the court as mentally incompetent to care for herself. I live in the same town as my mom.  My uncle (her brother) is 75 years old and lives in Texas and only visits Arkansas once a year. He maintains no residence or business in the state of Arkansas. Can he apply for guardianship of my mom?

 

The answer to your question is yes.  Your uncle or I or anyone else could apply to be your mother's guardian.  Needless to say, a person who does not live in the same state as the ward would probably not be a good choice to be guardian of the person, except that it's certainly possible he could be guardian of the estate without any particular difficulty.  Of course, Texas and Arkansas are bordering states, so for all we know, your uncle may live closer to your mother than the majority of other persons in Arkansas.  But are you telling us that, despite issuing a ruling of some sort declaring your mother not "mentally competent to care for herself," the court did not appoint a guardian or conservator?  Courts don't typically make competency rulings in a vacuum, so why was the issue before the court to begin with?

 

 

14 hours ago, Sivert said:

How can he manage her affairs being so far away?

 

We have no conceivable way of knowing.

 

 

14 hours ago, Sivert said:

I really need to know whether he has any standing in the court and how I can fight against him getting guardianship.

 

Standing isn't really an issue in this context.  You "can fight against him getting guardianship" by (1) applying to the court appoint you as guardian and/or (2) filing an opposition to any application might file for the same purpose.

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