The Guardian who is purportedly taking care of my mother is non communicative to say the least. I can't come right out and ask him. It took me three months to just find out what he sold my mother's house for and he didn't tell any family members when he sold the house. Including my mother. I want to make sure my mother gets what's coming to her. Does the Guardian get all the money when he claims my mother or does he have a tax accountant for that? What portion of that goes to my mom. She has Medicare. I don't know at this time if she also has Medicaid. She also has a pension but I do not know what that amount is also. Thank you very much.

Find Care & Housing
Are you getting POA confused with a guardian?

A POA is assigned by your Mother. A guardian is appointed by the Courts. This person may have applied for guardianship and received it because Mom is not competent to handle her own affairs.

A guardian is required by the state to file yearly how Moms money has been spent. I think even a health record has to submitted showing she is getting regular care. The guardian is under no obligation to give u, other family members or Mom any information.

In your Moms case, the guardian files taxes for your Mom. She is her own dependent. Just like if she was filing her own taxes. She does not live with the guardian, he is not supporting her. Her own money is used for her support. He/she is just overseeing her care and medical. You do realize that you have no say in Moms care. If Mom becomes sick, the guardian makes the decisions how things will be handled.

Even a POA doesn't need to keep anyone in the loop. He/she represents the person who assigned them. They should not release any financial info and if they have medical too, make those decisions too.

All you can do is visit Mom. The guardian should be making sure she has her personal needs met. That she gets to her appointments and should be visiting periodically.
Helpful Answer (1)
Reply to JoAnn29

It is highly unlikely your moms guardian is claiming her as a dependent and in the event he is, she’s not entitled to or owed any of the tax refund if there is one. And that is because she herself isn’t required to file a tax return and didn’t pay any taxes. If she qualifies as someone else’s dependent then she has no tax liability and the other person is providing at least half her support. Now if your mothers annual income is high enough that she’s required to file taxes, then she can’t be claimed as a dependent and if there is a refund the money goes toward her care.
Helpful Answer (0)
Reply to worriedinCali

Back story? Was this guardian actually appointed by the court?
Helpful Answer (0)
Reply to gladimhere

To "claim" a person as a dependent on your tax forms, you must be providing more than 50% of the cost of his/her care and support - guardianship has no impact. When my mother moved in with me while she was only drawing a wife's SS portion (< $600), she was my dependent (her funds covered her supplemental insurance, medicines, cell phone, newspaper with only a little remaining). When she became a widow and her monthly SS and pension income increased, she was no longer my dependent.

The guardian has "control" of your mother's funds and would be required to file appropriate tax forms on her behalf.
Helpful Answer (1)
Reply to TNtechie

Claims your mother? You mean claims tax relief because she is his dependant? I don't know, but I expect you can find out about all this on the IRS website.

Any proceeds from assets sold by a guardian on behalf of his ward belong to the ward. The guardian may only use those proceeds for her benefit (e.g. living expenses, supplementary care) or in direct connection with the management of her affairs (e.g. legal advice, accountancy services).

I am guessing that the guardian is a family member: that's usually the reason why open, straightforward, Q&A communication is difficult. Is that so with your family?

You know, you don't have any particular right to information about your mother's finances. What was confidential before remains confidential now. The guardian is required to report to the court that appointed him; he must disclose the information to the court as directed, and he can be held to account by those with authority to enquire - but that almost certainly won't include you. Doesn't stop you reporting concerns; but it does mean you're not entitled to answers.

Make sure your mother gets what's coming to her... It isn't that I don't understand how you would feel protective in this way, of course. But do you have any reason to suppose that your mother is being financially exploited? The guardian's not communicating information to you or other family members is a long way short of that.

How is your mother, is the more important question. Is she well looked after?
Helpful Answer (0)
Reply to Countrymouse

The guardian has to file statements with the court that appointed him or  her, generally on an annual basis.   Check with the court that the guardian is current on filings.     Some do steal.   The money is supposed to be used for your mom's care.   If she is in a nursing home, most of the money may go for that.
Helpful Answer (2)
Reply to FloridaDD

I don’t know but someone will be able to help you. Hang around for answers.

Best wishes to and your mom.
Helpful Answer (0)
Reply to NeedHelpWithMom

Ask a Question

Subscribe to
Our Newsletter