After my MIL died in 2001 we were left to decide how to deal with hb's dad. They had left no will, no paperwork what so ever. We got him into the VA but my husband being the oldest child had to sign the paperwork. His younger brother had gotten guardianship and power of attorney, but that did not apply to having him committed to the unit. Thought it was odd since we thought the guardianship would take care of that. It did once he was admitted.
Charlotte, the powers associated with guardianship depends on where the ADLO lives. Here in California, I petitioned for conservatorship (that's the term used in CA) and it was approved. The papers I received from the court spell out my authority. What is in the papers right now is based on my husband's current level of function. I have the right to make decisions regarding healthcare, whether or not he agrees with me. I do NOT have the right to place him against his will. He functions well enough that he could do well with in-home aids, for example -- a nursing home is not really required yet.
When and if I need the authority to place him, I have to go back to court. Here in CA, they take certain rights very, very seriously. The courts won't give me an authority that isn't appropriate under current circumstances, even though everyone recognizes that the situation may change.
I am only going for guardianship because I know Lynn will refuse to stay in a nursing home. The man wont change his clothes or bathe! He will certainly refuse to stay in a home. I thought my POA was enough... it isn't. Even though it CLEARLY states I am to make his medical decisions.. even though the POA was activated by a neurologist stating he was incapacitated and not able to look after himself or make any sort of informed decision.... a nursing home STILL would not legally be able to keep him if he refused to stay.
With this guardianship, I will be able to place him, against his will. I hate that I have to do this, but then again, I hate everything about this friggin disease!!!