My father is in the hospital on a vent and can't speak. He's been diagnosed with severe dementia, so even when he's lucid, he's not considered able to pay his bills or give us the ability via POA to pay his bills. Home and school taxes are due, and none of the family can cover the costs on our own - does anyone know any way we can access the account to pay bills in his name? Is there any other solution you can suggest here?
PS: His wife passed away not long ago, and we have no POA. Temporary guardianship appointment is about 30 days away, if he lives that long. :-\
Thanks in advance.
If you don't have one and are planning on going into the hearing on your own, I'd really suggest that you get an attorney who deals with guardianship or conservatorship. These issues can be sticky. I've never been a G/C but have been executrix for 2 aunts estates - these go through probate court which is where G/C hearings are usually done also- so I found out alot about G/C while spending years dealing with being executrix in & out of probate court.
Unfortunately since there was no advance planning, you will need to go the route of getting Guardianship/Conservatorship for your family member to do anything legally. You have the right to go to court to petition to become their legal guardian -- although that doesn't mean the arrangement will automatically come to pass.
To be appointed a legal guardian, also called a conservator, you first need to file papers with the local court, clearly describing the person’s physical or mental condition and inability to make decisions. If there is an imminent need, then you need to document what it is and why it is imminent/emergency. Property taxes due usually doesn't rise to that level but a foreclosure would - get my drift? The court will notify other family that the papers have been filed and that a judge will be deciding whether or not to grant the request. You will be asked to provide that list – don’t get cute and leave anyone off. Keep in mind the hearing notice is published in the newspaper and in many county also posted on-line, so people can find out. If his recently deceased wife has children from a previous marriage and if there is any community property issues within her will and her estate hasn't finished probate then her children or heirs need to be on the list of contacts for the court hearing too. Other family can file letters either supporting or contesting you being named as G/C.
If you apply to be the G/C, you may be asked to provide your & your spouse personal and financial data that is entered into public record. The court can X your name for police records. Your "none of the family can cover the costs on our own" can be a red flag for the judge as he can view the family as a risk to deal with $ appropriately.
The G/C judge does NOT have to appoint you or a family member as the G/C. If there is family friction, they can appoint an outsider to manage the elder's affairs and that person will be paid to do so out of the person’s assets. You really need to present a united front that is all kum-ba-ya on their care & finances. If you don't, the Court has the right to remove them from all family members and make him a Ward of the State. The judge has a list of attorney's who are bonded and experienced with G/C. Often those attorney's have paralegals that sit the day in probate waiting to get appointed. The judge can appoint one of these attorney's to be the G/C for the elder and they are paid from the elder's assets. The appointment can be temporary or permanent. You want to do whatever you can to not have this happen.
This is sticky, you'll likely need to hire an experienced lawyer to help. To begin your search for the best lawyer for the job, contact the local bar association and ask whether it has a lawyer referral service that includes those who specialize in conservatorships or elder law. You can also contact the National Academy of Elder Law Attorneys for a referral to its members in your area. Good luck.
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