I was appointed guardian for my Aunt when a life insurance policy matured and needed to be reclaimed. My Aunt was unable to sign or understand, and as her POA and Trustee, my credentials weren't accepted. I got the guardianship with the help of the trust attorney, but only used it to reclaim the life insurance policy which I promptly deposited into her investment account.
Six months later, my Aunt had a severe delirium episode and the doctor was adamant I move her from assisted living immediately. It took almost six weeks to find a place, but she kept having deliriums and no one would take her in the middle of one or in recovery. The preferred institution didn't have a bed, the second choice made us wait for one, which we did.
I'm alone, I work, and I went into overdrive, doing the night shift with Aunt, so she wouldn't fall and hurt herself in the deliriums, going to an ER visit that was necessary and running all over trying to find a facility and arrange moving her which required downsizing and careful planning so it was as calm and easy as possible for her. I live 60 miles from her and I burned up the highway.
When the year went by, I looked at the guardianship papers and realized I was to have informed the court ahead of time I was going to move her. I have all my paperwork ready (four days after the deadline) and am turning it in with an overview of the situation and my mea culpa.
Does anybody know what I can expect in the form of consequences?

This question has been closed for answers. Ask a New Question.
Find Care & Housing
Glad to learn that everything worked out fine. It's nice to hear a success story!

And thanks so much for sharing this update.
Helpful Answer (0)

Thank you everyone. I did get a letter from the doctor, but when I submitted it to my file at the courthouse, the clerk said the judge had approved the report and the guardianship was continuing. Apparently there are no consequences and I'm grateful to a very understanding judge, as well as all your comments..
Helpful Answer (2)

I would see an estate attorney prompty. If you live in the Sacramento, CA area, my brother, who is an attorney, can help you.
Helpful Answer (1)

I think the courts would only be worried if your actions actually caused financial or physical harm to your aunt, and/or you benefitted from your actions. Clearly you did not benefit, and your aunt is doing as well as she could be , so there is no grounds to say you misrepresented her best interest.
Helpful Answer (6)

See an attorney and see if exigent circumstances could be used and ask that the court approve it now, with a specific finding that the approval dates back to when the action was taken. The attorney will know how to do this.
Helpful Answer (3)

I'm sure if you explain your circumstances a judge will waive any costs. At best her estate will pay for any costs.
Helpful Answer (6)

I don't have any first hand experience with this kind of situation, but I think you're taken the right remedial steps. You might ask the attorney who helped you obtain the guardianship if there's anything else you should do.

If there was no one else in the family who could help, then I think I would emphasize that the situation was critical, even if it did take some time to find a placement, and that you were thinking of the welfare of your aunt, finding a place, etc. and the issue of judicial pre-notification just slipped your mind.

In crisis situations, people act and don't always think of the paperwork that might be necessary.

You might also want to get letters from the doctors involved that this was a crisis situation and required removal to someplace providing a higher level of care, necessitating the move. I would emphasize this aspect so the court doesn't see the move as anything but necessary for your aunt's welfare.
Helpful Answer (8)

This question has been closed for answers. Ask a New Question.

Ask a Question

Subscribe to
Our Newsletter