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I filed for guardianship/conservator for both parents who had dementia and were in assisted living at the time. I had POA and used their funds to pay the legal fees for the process. It was around $4000.
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A "Special Needs Trust" is just that for someone with Special Needs. With my nephew it is birth disabilities. It is set up so they can get resources like Medicaid, SSI and SSD. It cannot be gotten once a person is 65 yrs old. The Trustee has limits how it can be spent. You cannot spend it on lodging or utilities like electric and heat. When the person passes, the trust reverts back to Medicaid. They take what is owed and the remaining goes to the beneficiary. If the amount of the Trust is less than owed, Medicaid get the full amount.
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Grandma1954 Jul 2020
I set up a Special Needs Trust for my Husband in case something happened to me rather than going to him as "beneficiary" money would go into the Special Needs Trust. He was over 65 at the time and had been diagnosed with dementia and I was his Guardian, I was under the age of 65.
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Ask a lawyer because there may be specifics to your particular situation that need to be understood.
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You should check this with the lawyer you see about application for guardianship, but it is my understanding that if the parent doesn't WANT you as the guardian then you may not win, and if you do not win guardianship over the parent (the parent will be assigned a lawyer to represent their interests and wishes) then the cost will not be paid by the parent, but by the one seeking guardianship and losing the case.
Guardianship is hard work and requires meticulous record keeping. So be certain this is what you wish to have before going forward.
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The cost of Guardianship, as well as the cost of the lawyer (hopefully and Elder Care Attorney) will be paid from the assets of the "Ward"
So if you are seeking Guardianship of your dad (he will become your Ward) the costs will come from his accounts, checking, savings or other funds he has.
You will most likely pay for things like food, clothing, and other bills and you will then "reimburse" yourself from his account each month. (this is what I did when I was my Husband Guardian)
You need to keep all receipts as the court may ask for an accounting 1 or 2 times a year.
Check with where you are filing, where I filed in Cook County (Illinois) the court set a limit as to what the Attorney could charge, and it was less than the typical hourly fee most law offices charged.
This is not an easy way to go about things but it is not that difficult, mostly paperwork and that is time.
If this is Guardianship for 1 parent and not the other ask the lawyer about a "Special Needs Trust" just in case something happens to the other parent any money should go into a trust that will take care of the surviving parent without much of a problem not sure if it would be necessary in your case or not.
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