In New Mexico, elderly seniors who are diagnosed with Alzheimer’s disease will progress to a state in which they can no longer care for themselves. Once they reach this state, they need someone to take care of them. The following are steps involved in acquiring guardianship of a senior presented by a family lawyer in Albuquerque, NM.
Prove Diminished Capacity
Diminished capacity is proven through a medical diagnosis. The senior’s doctor can provide testimony about the senior’s mental capacity, which defines whether the individual is capable of taking care of themselves or they need assistance. The main objective of the guardianship assignment is to prevent the senior from becoming injured or malnourished. If diminished capacity is present, the senior needs another party to provide care.
Contest a Power of Attorney Based on a Risk to the Senior
Another family member can contest a power of attorney assignment if the individual isn’t fulfilling their obligations. This assignment requires the individual to ensure that the senior receives adequate health care and is monitored to prevent self-harm. If the evidence of neglect or abuse is present, another family member has the right to contest the assignment. These circumstances nullify their authority according to the provisions of the assignment.
Identify How the Senior Is Being Exploited by a Caregiver
Through the power of attorney, the family member or caregiver has access to the senior’s assets. If provisions are included, the use of these assets isn’t monitored or evaluated. Clear evidence of exploitation for financial gain provides an avenue to nullify their right to these assets. However, the plaintiff would need to show how the caregiver is using the assets or property unethically. If the senior is lucid and gives their permission verbally, the plaintiff won’t have a case based on these grounds.
In New Mexico, family members petition the court to acquire guardianship for elderly seniors. This assignment enables them to protect their senior loved one from exploitative caregivers. Family members who need this assignment should contact a family lawyer in Albuquerque, NM through Carter & Valle Law Firm or, visit website right now for more info.
