Forensic Psychiatry

@RonGu

I have not done this, but I know of 2 instances where a family member sought, and was awarded, guardianship.

Some thoughts. If you already have a durable POA for your wife, guardianship may not be needed unless it doesn't allow for decisions you'll need to take in the future on her behalf. She might even be deemed competent to sign a new DPOA by an elder law attorney as the bar for understanding is not that high. Dad was really reluctant to sign, but it was presented to him in such as way (routine estate planning) that he did sign.

If she won't sign or she has a springing POA, then you may need to obtain guardianship or conservatorship through the courts. In this case, the judge would generally require her to be evaluated for competency. In both situations I know where this was done, the testing was a comprehensive neuropsych evaluation with a clinical psychologist. I don't know that either was a foresic specialist, but both were recommended by the courts and guardian ad litem for the PWD.

With my aunt this was more of a formality and family supported the sister taking on this task. In the other case, the father with dementia, engaged his own lawyer and fought the guardianship. He had a tremendous amount of cognitive reserve, but testing showed significant deficits in memory, reasoning and executive function so the sons were awarded guardianship.

HB

Also agree with HB. Unless there is something that would require guardianship, a DPOA is likely sufficient. I have been managing my LO’s affairs for several years, and even with a cross-country move, three facility placements, and some complicated finances, a DPOA has always been enough. Meeting with an elder law attorney sounds like a good next step.