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shawnpemb13 Asked May 2019

I have guardianship over my mother who has dementia however she still signs her checks and each year gifts me the max amt. Is this ok?

JoAnn29 May 2019
I would say that if its written in the guardianship papers that you receive compensation and the amount, I see no problem. You report to the state, correct, so they would question anything not used for Mom personally.

I too would question her signing checks. The only other problem would be if Medicaid is ever needed. It better be documented that you r entitled to recoup a "fee". Lawyers would do it, can't see why you can't.

worriedinCali May 2019
It depends what the court says because you are required to report everything to the court, regularly, as part of your guardianship. Your mother had to have been deemed incompetent if you were awarded guardianship. So I don’t think it matters that she can still sign a check. She’s been deemed incompetent. I think the court may have a real problem with you accept gifts in the maximum amount-can we assume these are $15k gifts?

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Isthisrealyreal May 2019
What does the court say? That is all that matters.

Katiekate May 2019
If your mother is quite wealthy and you are the only child....then..sure it is OK

if there are other siblings...they could have you charged with senior abuse (taking financial advantage of her).

but...all those gifts will have to be returned if she goes on Medicaid... they will cause her to be disqualified.

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