Follow
Share

Can guardianship be forced on me as my brother looked after mum and dad from the start, sadly mum passed away 5 years ago. It was revoked in 2013. Who would have been guardian then, I do not wish to take the responsibility as I know in my heart I have always been there for my father, BUT DO NOT WISH TO HAVE GUARDIANSHIP don't I have to sign papers for this situation?

Find Care & Housing
I agree, there maybe some confusion on ur part here. Neither a POA or guardianship can be handed over to another person.

With DPOAs ( Medical and Financial) the principle (Mom and Dad lets say) has to assign someone. They each have to assign. So if brother was POA for Mom, when she died, the POA was no longer in effect. So, Mom is now out of the picture.

Now Dad, was brother assigned? If he is the only person on the paperwork, ur brother cannot hand over POA to u, unless, ur secondary. Brother may have to renounce his position so u can be primary.

To be guardian, brother would have had to go to court to declare your parents incompetent. This would have needed to be done for each parent. This is an expensive and lengthy process. It would have cost thousands. Your name would not have been put on the paperwork unless u were involved in the proceedings. POA u can be assigned without knowing it.

So, I think ur brother has POA. Probably for Financial and Medical. He needs to show you the POA paperwork. If you are secondary, then u can take over his responsibilities but he may need to see a lawyer for this to happen. If you are not on the paperwork, brother cannot turn POA over to you. Dad would have to revolk brothers POAs and assign u.

POA is a tool u will need when Dad can no longer make informed decisions. It helps with paying bills, selling his home if he goes on Medicaid. Medical makes it easy to deal with Drs. and medical staff. Any to carry out Dads wishes. It does not make you responsible for his debts. Its just a tool.
Helpful Answer (1)
Reply to JoAnn29
Report

Could we go back to the beginning, please?

You say your brother resigned his assigned responsibilities back in 2013, before your mother passed away. How has this only come to your attention now?

What form of guardianship and administrator responsibilities are these, exactly? - by the way, it would be helpful if you could state your approximate location on your profile, because there are so many variations from state to state and country to country.

Then, you say you have always been there for your father (and are happy to continue to be?) but you are adamant that you will not accept the formal responsibilities. That's okay, nobody can force you. If you don't mind my saying so, it seems more likely that you were nominated as deputy on the original paperwork but it escaped your attention at the time than that you were just told "you're it"; but in any case, even if you do have this task you are certainly free to resign it. The question then becomes: what are your father's needs, and how are they to be met?

Has your brother continued to look after your father since your mother's passing? What has happened now - is your brother okay, has something changed in his life that makes him unable to cope?
Helpful Answer (1)
Reply to Countrymouse
Report

Cwillie, as always, had great comments. Demand a copy of the guardianship papers and/or the POA papers. You'll require those to see what your requirements are and determine your choices.
Helpful Answer (0)
Reply to MountainMoose
Report

Are you talking about guardianship or POA? The only way I see this situation making any sense is if this is NOT guardianship but is a POA where you were named as secondary after your brother. In either case the retiring POA or guardian does not have the authority to name a replacement, naming a secondary would have to have been part of the original paperwork.

So your brother has let it be known he is DONE - I think in general people are pretty much burned out when they make the decision to formally revoke their authority. This doesn't mean you need to step into his shoes, but someone will need to fill that role. It is natural he turned to family to step in, but no one can force you to accept. If there is no one else you could always allow your father to become a ward of the state.
Helpful Answer (2)
Reply to cwillie
Report

Only the court can grant guardianship. Does your name appear in the guardianship document?
Helpful Answer (0)
Reply to cmagnum
Report

You cannot be assigned without your OK.
Helpful Answer (0)
Reply to Kimber166
Report

Ask a Question

Subscribe to
Our Newsletter