My brother is in Hospice and wants to give some money to his church. As Guardian and conservator, am I allowed to give some money to his church before he passes as I will not be able to write checks after he dies?
If your brother is of sound mind he can make or change a will, and/or he can instruct you to make this payment.
If your brother is not of sound mind, you can make the decision for him but you would have to have strong justifications. If your brother made regular donations to this church throughout his adult life, for example, so that you were continuing his established pattern of giving, that might do. But if it's a sudden deathbed conversion to philanthropy, unless you can demonstrate your brother's clear intentions, ideally in front of disinterested witnesses, you would be on shaky ground - and especially so if you yourself have any association with this church.
As an alternative suggestion, you could ask mourners to make donations to the church in your brother's memory when the time comes.
If you are his legal Guardian, I'd review your official paperwork to see what powers you have. There should be a full list provided by the court when you were appointed. I'd consult with an attorney regarding any details.
If you are a court appointed conservator, then yes, you are in charge of his finances and can write a check to the church. That is the purpose of being the conservator- to handle his financial matters as he is not able to do so himself. good luck.
A guardian is overseeing a person's health matters. A conservator oversees financial matters. A power of attorney would have handled both which he can sign if mentally able to. As a POA you sign his name and after sign yours as POA John Doe by James DOE, POA
Sorry, however, states have various requirements and one being that you are both guardian and conservator this position is based on your brother "NOT" being of sound mind. I would contact an estate planning attorney to get a response based on your state's laws.
Commutergirl is absolutely correct. A Healthcare guardian is DIFFERENT from a Power of Attorney for financial matters. If your brother appointed you POA then you may follow his wishes to write check to church. If not, tread carefully. If there is any way he can sign such a check, that would be best. If not, I wouldn't do it. Maybe you can get him to sign the POA form or if he already appointed someone else, contact them.
I just became my fathers guardian. I had to open up a guardian account at his bank. I had to show proof of guardianship. The courts monitor everything in this account so be very careful!. You should inquire with your local guardianship coordinator at the courthouse to be sure.
As Guardian, you can act on behalf of your as to his physical well being I.e. Healthcare. As his conservator, you act on his behalf as to his financial business. No one ever has the right to change a Will for someone. Best wishes
Review your guardianship documents. What is allowed should be there.
It is not always the case that there is a separate conservator. I am my adult sons guardian and I am able to make decisions in both health care and finances.
I wanted to add - that in our situation, my sons guardianship document is very specific regarding how and on what his money may be spent. In addition - any spending of a significant amount must be reported to the court in the require annual report that I submit.
If your brother is not of sound mind, you can make the decision for him but you would have to have strong justifications. If your brother made regular donations to this church throughout his adult life, for example, so that you were continuing his established pattern of giving, that might do. But if it's a sudden deathbed conversion to philanthropy, unless you can demonstrate your brother's clear intentions, ideally in front of disinterested witnesses, you would be on shaky ground - and especially so if you yourself have any association with this church.
As an alternative suggestion, you could ask mourners to make donations to the church in your brother's memory when the time comes.
good luck.
follow his wishes to write check to church. If not, tread carefully. If there is any way he
can sign such a check, that would be best. If not, I wouldn't do it. Maybe you can get
him to sign the POA form or if he already appointed someone else, contact them.
It is not always the case that there is a separate conservator. I am my adult sons guardian and I am able to make decisions in both health care and finances.
I wanted to add - that in our situation, my sons guardianship document is very specific regarding how and on what his money may be spent. In addition - any spending of a significant amount must be reported to the court in the require annual report that I submit.