As his guardian, you are responsible for using his money to maintain his home while he is living in it and the arrange for it to be prepared for sale should that be needed.
You are not responsible for spending your own money on the up keep, nor are you required to physically do the work. You can hire people with Dad's funds to perform the tasks needed to maintain the home.
Do you know what is in his will. A friend spend a great deal of time & money over the years to maintain & repair parents home. Money in a joint account. She was to vet the house and bank accounts after death....but never was declared Guardian. So weeks before. Her mom died a sibling had her taken to Elder Care Attorney and wrote new will and trust. She was not even allowed access to the house for the funeral, which is when she found out. She had MPOA but sibling ( an RN) got mom to sign a new one...she was not competent for years but could appear to be in spurts. So while out of state my friend could not get details on her mother's condition and was last to know she had died. Her personal belongings were in the home from years of spending summers and holidays there, but refused access.
So keep the lights on, and keep house inhabitable. Get a 2nd mortgage to do so, is you must/can.
Levens, if you are dad's guardian, it is YOU who decides where dad lives. That's because a court has decided that dad no longer has the mental capacity to make good decisions that are in his best interests.
So, "dad has decided" is a non-starter. You are the decision maker now.
Since you have guardianship over your dad, can it be assumed he has some level of cognitive compromise? Are there any caregivers coming and going during the course of the day? I guess I'm asking why are you keeping him in his home IF he is compromised and IF no one is tending to him on a daily basis (other than yourself)? Sometimes when our LOs make requests like this (to age in place), they have no real idea what they are signing you up for. You are under no obligation to honor such a request if it is more than you are willing and able to bear.
Also, if he is in a home alone by himself all day long, that is a socially sterile environment for him. One benefit of being in a good facility is the human contact. If the house upkeep is financially untenable, this is also another reason to move him. I hope this gives you some clarity and perspective!
As guardian you are responsible to see that your dad is housed and cared for whether in his home or a facility. If you are also conservator you can use dads money to do so. If you chose to keep him home the home must be suitable and safe and you can use his money for repairs or remodel.
You accepted guardianship of your father and that does come with a lot of responsibility.
I noticed your question was included under home modification. What modifications does he need? Is living there really the best thing for him? What concerns about the home do you have?
As long as he's living there, it seems to me that you must use his money to maintain his home both inside (safe, clean) and outside (safe, clean, community/HOA standards). If he runs out of money, you can sell the house, pay creditors, and use the proceeds for a new place for him to live that meets his needs.
To obtain guardianship, you had to prove Dad incompetent. Which means he can no longer make informed decisions. You make them for him. I doubt if he is capable of being on his own. Where is he living now? You will just need to tell him that moving back to his home is not an option especially if he can't afford it. As guardian u are in charge of his money. None of your own should be used for his care. If he can't afford it, he can't do it. My suggestion is to get the house sold for Market value and put the money away for his care. Medicaid requires Market Value.
Market Value is hard to get in a distress sale, which this would be. Also beware that it must be an "arm's length" transaction! A sale to a family member would Not be Arms Length and Medicaid will look for difference between what you get and Their Market Valuation to be paid before they start covering expenses. Better to apply for Medicaid now, then sell. Be sure to know how this works in your father's state!
I would only add that in our case there were limits on how much of her money I could spend on a monthly basis. These limits were mandated by state of Nevada laws. If Luz had an unusual or excessive expense I had to obtain court approval to spend the excess. As we lived together in our jointly owned property I personally took care of what she routinely needed such as transportation,food and shelter. Her needs for protective underwear and bed pads were charged to her account. Nevada laws are very strict on how money may be spent. This is to protect the protect person assets. If I had requested in the beginning for funds for dining out, entertainment, normal wear and tear of her clothing, it could have been approved. I would suggest you check with an attorney or you local agencies on how much you may need to spent. That is just a CMA thing. Above all be sure to keep all receipts. Best of luck and I hope this helps you with this question.
I am transcribing the following which came from a paper about guardianship: "A guardianship for an incapacitated senior will typically arise where someone determines that a senior has become unable to care for their own person and/or property. In some cases, there may be a belief that the senior is being financially exploited or about to be exploited. In other cases, the person may be unable to care for him or herself and is not able to properly engage in the activities of daily living without assistance. There will typically be a precipitating incident that causes a professional, family member, health care worker or clergyman to initiate guardianship proceedings." "In most states, the process will start with a determination whether the alleged incapacitated person is actually incapacitated. There will often be an evidentiary hearing.[1] Only if a finding of incapacity is made will the next step take place: whether a guardian is necessary and to what extent (e.g. a guardian may be needed for the person's finances but not for the person) and, if so, who the guardian should be.[2] The determination of whether a guardianship is necessary may consider a number of factors, including whether there is a lesser restrictive alternative, such as the use of an already existing power of attorney and health care proxy.[3] In some cases, a guardianship dispute can become quite contentious, and can result in litigation between a parent and adult children or between different siblings against each other in what is essentially a pre-probate dispute over a parent's wealth. Stopping the guardianship is often pursued in such cases as well."
Guardianship has fiduciary ramifications, meaning responsibility for the subjects investments, property and business if applicable. It is a court appointed position, and if you have not been through the above, you are not a guardian and you should not identify yourself as one, because there would be misunderstandings and risks to you. If he requires a guardian, assuming he is being discharged by a rehab facility or something like that, you should get a bank to take that responsibility.
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As his guardian, you are responsible for using his money to maintain his home while he is living in it and the arrange for it to be prepared for sale should that be needed.
You are not responsible for spending your own money on the up keep, nor are you required to physically do the work. You can hire people with Dad's funds to perform the tasks needed to maintain the home.
She was not even allowed access to the house for the funeral, which is when she found out. She had MPOA but sibling ( an RN) got mom to sign a new one...she was not competent for years but could appear to be in spurts.
So while out of state my friend could not get details on her mother's condition and was last to know she had died. Her personal belongings were in the home from years of spending summers and holidays there, but refused access.
So keep the lights on, and keep house inhabitable. Get a 2nd mortgage to do so, is you must/can.
Good luck!
So, "dad has decided" is a non-starter. You are the decision maker now.
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Also, if he is in a home alone by himself all day long, that is a socially sterile environment for him. One benefit of being in a good facility is the human contact. If the house upkeep is financially untenable, this is also another reason to move him. I hope this gives you some clarity and perspective!
I noticed your question was included under home modification. What modifications does he need? Is living there really the best thing for him? What concerns about the home do you have?
As long as he's living there, it seems to me that you must use his money to maintain his home both inside (safe, clean) and outside (safe, clean, community/HOA standards). If he runs out of money, you can sell the house, pay creditors, and use the proceeds for a new place for him to live that meets his needs.
You will just need to tell him that moving back to his home is not an option especially if he can't afford it. As guardian u are in charge of his money. None of your own should be used for his care. If he can't afford it, he can't do it. My suggestion is to get the house sold for Market value and put the money away for his care. Medicaid requires Market Value.
Better to apply for Medicaid now, then sell. Be sure to know how this works in your father's state!
If Luz had an unusual or excessive expense I had to obtain court approval to spend the excess.
As we lived together in our jointly owned property I personally took care of what she routinely needed such as transportation,food and shelter. Her needs for protective underwear and bed pads were charged to her account.
Nevada laws are very strict on how money may be spent. This is to protect the protect person assets.
If I had requested in the beginning for funds for dining out, entertainment, normal wear and tear of her clothing, it could have been approved.
I would suggest you check with an attorney or you local agencies on how much you may need to spent. That is just a CMA thing.
Above all be sure to keep all receipts.
Best of luck and I hope this helps you with this question.
"A guardianship for an incapacitated senior will typically arise where someone determines that a senior has become unable to care for their own person and/or property. In some cases, there may be a belief that the senior is being financially exploited or about to be exploited. In other cases, the person may be unable to care for him or herself and is not able to properly engage in the activities of daily living without assistance. There will typically be a precipitating incident that causes a professional, family member, health care worker or clergyman to initiate guardianship proceedings."
"In most states, the process will start with a determination whether the alleged incapacitated person is actually incapacitated. There will often be an evidentiary hearing.[1] Only if a finding of incapacity is made will the next step take place: whether a guardian is necessary and to what extent (e.g. a guardian may be needed for the person's finances but not for the person) and, if so, who the guardian should be.[2] The determination of whether a guardianship is necessary may consider a number of factors, including whether there is a lesser restrictive alternative, such as the use of an already existing power of attorney and health care proxy.[3] In some cases, a guardianship dispute can become quite contentious, and can result in litigation between a parent and adult children or between different siblings against each other in what is essentially a pre-probate dispute over a parent's wealth. Stopping the guardianship is often pursued in such cases as well."
Guardianship has fiduciary ramifications, meaning responsibility for the subjects investments, property and business if applicable. It is a court appointed position, and if you have not been through the above, you are not a guardian and you should not identify yourself as one, because there would be misunderstandings and risks to you. If he requires a guardian, assuming he is being discharged by a rehab facility or something like that, you should get a bank to take that responsibility.
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