Hello.
I'm in the process of possibly becoming a guardian for an incapciated individual who doesn't have family to do this. My question is why do I need to pay for the bond and how can I ask to get paid for my services as I only what to paid for my time to manage the persons care needs. I live in Virginia and I'm happy to help this gentleman, but I also feel that I should be compensated something to support his care needs and decisions. Do I need to seek legal counsel before I agree to doing this?
Do you fully understand the duties of guardian?
Do you understand that you cannot quit guardianship other than through a court judge allowing you to quit and that they will NOT allow that, often even when you are ill?
Do you understand all the LEGAL fiduciary duties and obligations of being a guardian?
Who ASKED you to be a guardian? A competent person doesn't need one; they can hire a fiduciary, and an incompetent one is at the mercy of people swooping in and volunteering.
I think that your question is one to ask an attorney, because it costs about 10,000 to be made a guardian; compensation is according to the laws of your state. And yes, of course you will have to be bonded and all people pay their own fees for being bonded in almost all circumstances.
See an attorney. On the face of what little you are telling us, this whim to be a guardian is poor decision making, unless there are many factors you are not telling us.
If he doesn't -- and you become his legal guardian -- you may be in for an ugly surprise that there are financial resources to pay for that type of care.
Why not allow social services to assign him a court-appointed guardian? You can still carry on your relationship with him. My personal experience with a court-assigned legal guardian for my SFIL with Parkinsons and Lewy Body dementia was a very good one. My SFIL was not only broke but in debt. If we were to become his guardians there would have been no money to pay for his early care needs. Where we live, Lutheran Social Services provided the guardian, so there were many levels of accountability and transparency. The guardian worked hard to learn his preferences and personality in order to make him comfortable.
In the end, because he had no money, he was housed in a county Medicaid facility. If your gentleman does not have sufficient funds for ongoing care, then he will wind up in the same spot. So why bother going through guardianship yourself? It won't make that much of a difference and you will be spared the cost, responsibility and stress. You should also research what it takes to resign guardianship (hint: not easy in many states).
Burn-out is a very real thing that no one plans for. This is why him having a LOT of financial resources is so important for the both of you.
Maybe research stories of people who have been or are currently legal guardians for incapacitated seniors. You may be thinking you'll take care of him yourself in your home (or his) but then your life can become greatly diminished. There is an entire Care Topic on this forum for Burnout. Maybe read some of those stories first so you go into this with your eyes wide open.
Blessing to you for wanting to step-up for this man.
what kind of attorney provides legal contracts for professional guardians
…and another for this …
why do guardians need to be bonded..
You will find a lot of info that will help you better understand what you are pursuing.
Good luck.