82 year old friend was put in guardianship July 2013, diminished capacity. At the time she was not well, taking multiple drugs and was having a hard time coping financially. She is much better now, and is resenting the strict restrictions the guardianship has put on her. She has a 50 year old disabled daughter and a husband who is in a nursing home, they are also under guardianship. The guardianship gives her $ 100.00 per week for food and personel items!!! They keep telling her she does not have enough money available, even though her husband has a retirement of around $5000 per month. Is she not entitled to part of this money? They have total control of her bank accounts, house and personel possessions, she is not allowed to drive or vote even though she keeps up with current affairs. I believe she does need some help managing her finances, and help around the house, but surely there are other avenues that can be explored so this lady can have more independence and maintain some semblance of dignity. I am afraid however, that if she does get the guardianship reversed, she will be left with a very small ss payment around $400.00 per month because her husband will still be under guardianship. Is she entitled to part of her husbands retirement?

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She is not entitled to anything of her husband's as his finances are managed by the guardian assigned to him. Same goes for the daughter. So she is left with whatever SS she has, and it sounds like she is getting it all for personal expenses, which is actually quite a lot of money. Most nursing home and group home residents only get $30-65 a month. You don't say how she keeps the rent & utilities paid, so I assume her husband's money is covering it. In order to reverse a Guardianship, she would have to be certified competent by the court psychiatrist. From what you describe, this is not going to happen. I'm willing to bet she cannot account for the $100 a WEEK and has no idea where it went. Compare that to SNAP (food stamps) that pays $140 a MONTH per person.
So what does she do with all that money?
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