I live far from the person I am legal guardian for. Am I able to sign POA paperwork to allow someone closer to him to act as his POA when I am not available?
OK, I can see legal concerns here. Legal trusts properly set up may help avoid legal headaches in the future. My 90+ elderly mom's lawyer had set up a trust 5 years ago, placing me in as the primary POA. Mom is in a board-and-care home. If I am unable to carry through the obligations to pay Mom's bills and manage her finances, my brother (2nd in line) and my sister (3rd in line) plan to take over the obligations. Both siblings live out-of-state, but electronic activity is available, thanks to technology today! I am taking an offer from my family to turn the POA obligations over to an alternate family member, because I am getting too overwhelmed with this "moonlighting" of unpaid work while looking for paid permanent jobs; I have been out of a job for over one year and just worked briefly in one temporary job since February 2012. I am only 57 and need to get back to work. Our parents had divorced over 50 years ago, all family members had to earn their way through life, and my family cannot support me financially so that I may spend more time with her (I had lived with Mom for 38 years!). So how do I juggle family concerns and trying to find and keep permanent work for another 8 years? I really am trying, but I will always require the family support, too.
When I can't get to my sister's group home, they fax any forms to me and I sign them and fax them back. I also ask for minutes of any case reviews and incident reports.
ange02 - THAT is PERFECT to know. I wasn't sure if there could be a primary and a secondary co-conservator and now you have answered that question! perfect, Perfect, PERFECT solution. But it must be sure to be set up that way. I have heard of other instances where the co conservator brought in later has interfered with the administration of the first conservator, basically circumventing the conservatee's wishes.
I even remember reading a post on this site where a conservator added a co- conservator, not related. The conservator moved to another state and wanted to move the family member to the new state but the unrelated co-conservator blocked the move. Just something to be aware of and cautious about.
AND - I couldn't agree more about an editing feature. Some websites have the option to preview your text in the same format as the final view, giving the writer an opportunity to edit the text before final posting. That would be such a nice feature here!
The Probate court has assighned a co-coservator for my son @ my request. The appointed co-conservator respects & has to go along with my wishes as the Primary conservator. One was assigned 8 yrs. ago & we have never run into any major concerns. We need to make yearly reports to the court & more often if necessary.
There is no additional information on your profile page. Would you be able to give more detail here? How old is your brother? You had to go through the courts to get a guardianship, so why did he need a guardianship? How far away do you live from him? Is he in a different state (some states do not allow a guardian to live in another state)?
I've read all the primary material under Money & Legal and can find nothing about whether a conservator/guardian can prepare DPOAs and or HPOAs on behalf of the conservatee. On the one hand, it would be granting powers to another individual that the court granted to the conservator but on the other hand, it would make sense to be able to do that if, for example, the conservator what is going on a short vacation, and whereas the conservatorship is more or less permanent under the auspices of the court, it would make sense if the conservator could periodically modify a DPOA or HPOA from time to time as would be necessary because these forms are virtually cost free. Maybe attorney Heiser couldn't vise on this question.
I personally would be VERY cautious about going to court (another expense) and having ANYONE name a co-conservator or co-guardian. To do that would put your final power of decision in conflict with another person's opinion and require yet another court appearance to let the judge sort it out if the two of you disagree. I don't know if the judge could appoint someone as a secondary guardian. Again, maybe attorney Heiser could input on this.
You had to have an attorney when you got the guardianship. Perhaps a quick phone call to that person would answer the question of whether you have the authority to grant the powers of attorney on behalf of your brother.
If you can, tell us more and please let us know what you find out.
If your brother is indigent you can ask the probate court where he resides to appoint a co-conservator that can take over the responsibilities for you. Otherwise you may need to request help for family if anyone would be available to do this. If their are savings available, you will need to get legal help from this.
I even remember reading a post on this site where a conservator added a co- conservator, not related. The conservator moved to another state and wanted to move the family member to the new state but the unrelated co-conservator blocked the move. Just something to be aware of and cautious about.
AND - I couldn't agree more about an editing feature. Some websites have the option to preview your text in the same format as the final view, giving the writer an opportunity to edit the text before final posting. That would be such a nice feature here!
The appointed co-conservator respects & has to go along with my wishes as the Primary conservator. One was assigned 8 yrs. ago & we have never run into any major concerns.
We need to make yearly reports to the court & more often if necessary.
I've read all the primary material under Money & Legal and can find nothing about whether a conservator/guardian can prepare DPOAs and or HPOAs on behalf of the conservatee. On the one hand, it would be granting powers to another individual that the court granted to the conservator but on the other hand, it would make sense to be able to do that if, for example, the conservator what is going on a short vacation, and whereas the conservatorship is more or less permanent under the auspices of the court, it would make sense if the conservator could periodically modify a DPOA or HPOA from time to time as would be necessary because these forms are virtually cost free. Maybe attorney Heiser couldn't vise on this question.
I personally would be VERY cautious about going to court (another expense) and having ANYONE name a co-conservator or co-guardian. To do that would put your final power of decision in conflict with another person's opinion and require yet another court appearance to let the judge sort it out if the two of you disagree. I don't know if the judge could appoint someone as a secondary guardian. Again, maybe attorney Heiser could input on this.
You had to have an attorney when you got the guardianship. Perhaps a quick phone call to that person would answer the question of whether you have the authority to grant the powers of attorney on behalf of your brother.
If you can, tell us more and please let us know what you find out.
Otherwise you may need to request help for family if anyone would be available to do this.
If their are savings available, you will need to get legal help from this.