unless it is absolutely necessary, DO NOT BECOME a guardian. It is very expensive (lawyer fees) and if you are the guardian, you have to account to the court for every penny you spend for your guardian. I am the guardian for my 83 year old Dad. I have spent way too much time putting together spread sheets for the court (you have to do this once a year). Also no one told me you had to get a bond (money every year) from a bond company so that the guardian's assets are protected against you running off with the money. It is a lot of work. I should have become a POA and things would have been so much easier. Your hands are really tied. I am in the process of trying to sell my Dad's home. His home is worth less than his mortgage and he lives in a nursing home now. I need to petition the court in order to do this! Please, don't go down this road unless you absolutely have to.
I would also add, if you are considering this, contact the Surrogate court in the county where the guardian resides, they will be able to give you a lot of information. Good Luck!!!!!!!
There is no "Surrogate" court. Probate Court in a county handles guardianships and conservatorships. If one is filing for guardianship by yourself, you do not need an attorney, however, since you are asking about the responsibilities it doesn't sound like you need to be taking on this monumental task. Is there no one else in the family? Pookie was correct in saying the guardian has to file a yearly accounting to the court and yes it is time-consuming. Big, huge, responsibility.
POA only works if you have siblings that agree, in the long run.
If you get guardianship it is better than the court having guardianship, you are still in control of their assets.
Guardianship means that the person, the ward cannot mange their own affairs and has usually been declared incompetent to do so.
You can keep a good accounting of what you spend by taking out a sum of money, and putting it in a checking account, with a debit card, hassle-free and stress free, most purchases will be self explanatory. hope this helps.
When someone gives a POA, they do so because they expect that person to act on their behalf. If other siblings are mad because one got the POA and they didn't, then that is a just something they will have to live with, but they cannot revoke or interfere with a valid POA.
You do not need a POA if you have guardianship over the person and their estate.
Frustrating for me is that everyone asks us for a copy of POA and doesn't understand that a guardianship is much stronger. (And yes more responsible, you make the decisions instead of acting on someone's behalf. A hospital clerk in Texas (who as trying to get us to have MIL sign a DNR (!) argh! We had to show her where guardianship was addressed on the Texas DNR forms. It's right there on the papers she was giving us.
Pookie, how do you pay for the bond? Is it reimbursed out of your dad's income or comes directly out of his income? And when you seek guardianship, if it is granted, are your costs reimbursed from the parent's funds?
I have tried to get mom to add me to her POA as alternate for years. She just doesn't seem to understand that if my brother dies, she has no one. I also would like to know what happens if I refuse to jump through hoops to get guardianship. If I just do nothing. Do the courts appoint a paid guardian? Many questions myself. And I have run out of patience with mom.
I don't understand why people do not get legal advice, that is the best bet, then you know everything that you need to know. Everyone has different opinions and experiences, it is money well paid to get this taken care of by a professional.
Thank you once hated DIL. That was what I was aware would happen, guess I just second guessed myself. I know Guardianship is a huge step but look at what is at stake! I would do any thing to be my fathers guardian! My dad and I took care of my mom when she was ill with ALS and now....he gets a home nurse who he does not know. If I go home to see dad, I am the trouble maker because I ask questions, I do not allow people to push me a round and tell me nothing.
As for the attorney, I have one on stand by....not because of cost..but because I do not want to do this to my father. Last thing he needs is to know there is a fight brewing over him. Only out of respect for my father !
Madeaa, you are correct. My daugher is a lawyer, son in law and a good friend as well. I have talked here and there to them about things with mom but only an elder lawyer can really answer my questions. I don't want to seek legal advice until I have to and I hope it doesn't come to that. In the mean time, I just like hearing other people's opinions and advice. :)
While legal counsel is a good thing, I love sites like this where I can hear about other people's experiences. I gain knowledge and ask better questions when I do have to consult a lawyer.
BTW, you didn't ask me but my lawyer said that we had to pay for the bond (Texas) out of our funds. Everything else regarding guardianship came out of my MIL's funds.
I get legal advice from my father in law...anytime. He is a Federal judge. As I stated before, I have been so hurt by my fathers family, chased away from my father and threatened... That I am trying to take the high road. I have been there for dad way before my brother stole the will and found out Dads net worth. Unfortunately, that was the point where my brother got involved. It is sad. As children, we are not entitled to anything my parents have. What ever is given to my family and I is looked upon as a blessing and a gift! And it will be cherished. But NOTHING IS EXPECTED! I whole heartedly want guardianship of my father. But I know I will be fought tooth and nail. I am his daughter and have spend more time with him over the last 10 years than anyone else! So sad to see him being taken advantage of.
OncehatedDIL, I did a little googling on the bond thing and that can be a sizable chunk of change if the estate is large. My mother's estate is pretty big, right now. So, if I had to seek guardianship, then I would have to come up with several thousand for the bond AND do all of this work involved. I only have an issue if my brother were to die and he is 59. Seems to have no health issues at the present. So I think I am in good shape.
I am the only one who would want guardianship of my mother, mostly because I am her only other child and feel some responsibility toward her. However, when a parent makes it so hard for you to care for them, it makes you want to say to hell with it. Then what? Will the courts appoint someone if no one wants the job?
Go to Legal tab on this website -- there you will find wealth of info and advice. Before you do anything, make sure you consult with an attorney who specializes in elder law -- ask for references! Understand that having DPOA (medical and financial) is all you need to make most decisions and help your parent if it is in place. Guardianship is a whole another issue. If you file; you will have to pay most of the costs - including any medical, adult protective services, outside investigations into looking at the situation to determine if you can be granted guardianship -- and that is a big "if". Court law will favor the elder in most cases even if they are alittle bit lucid. Its difficult to prove they are in imminent danger. And its possible it could drag on where the judge says "lets re-examine in 3 months or 6 months". They can also appoint a court ordered guardian vs. family so this whole process doesn't always turn out like you think it will. I've been quoted $15-20K to obtain guardianship by an attorney. Plus, the financial and other responsibilities for keeping good records and submitting to court annually seemed crazy and unnecessary (although I understand that reasoning so one is accountable and can't be accused of stealing or elder abuse). I chose not to do this with no clear assurance that I would gain the guardianship and be able to move my mom into AL. Even with guardianship, I wouldn't have the right to move her if she had means for in-home care. Please think long and hard on this, consult an attorney and understand what this means in the long run. Once you have guardianship -- it won't be easy in the long run. Also, if you have siblings or other family members -- make sure they are on board with your decision making and support you -- as they too may be consulted by the court when they investigate the situation.
Madge, the amount of the bond is set by the judge. We have lived in the same place for over twenty years, worked the same job, established in the community etc, etc. the judge does take the amount of the estate into consideration. My husband's guardian bond was set at 25% of the total estate (they aren't wealthy people) - so it's $25,000. The cost through our homeowner's insurance company for one year is $135. I do realize that some estates are much, much larger, but the judge makes the determination and your lawyer can suggest how much you can realistically afford. The money can be paid back to us out of the estate if there is any money left when my MIL passes.
My husband has full power of decision making over his mother's care, housing and estate. The cost of the guardianship, as I said before, was paid with MIL's funds. The total cost to them was right around $5,000. The lawyer has to submit what he is charging to the judge for approval. That price included everything, absolutely everything, except the bond.
Of course it is important to note that no one challenged the guardianship in any way- now THAT is expensive.
If you get guardianship it is better than the court having guardianship,
you are still in control of their assets.
Guardianship means that the person, the ward cannot mange their own affairs
and has usually been declared incompetent to do so.
You can keep a good accounting of what you spend by taking out a sum of money, and putting it in a checking account, with a debit card, hassle-free and stress free, most purchases will be self explanatory.
hope this helps.
Frustrating for me is that everyone asks us for a copy of POA and doesn't understand that a guardianship is much stronger. (And yes more responsible, you make the decisions instead of acting on someone's behalf. A hospital clerk in Texas (who as trying to get us to have MIL sign a DNR (!) argh! We had to show her where guardianship was addressed on the Texas DNR forms. It's right there on the papers she was giving us.
I have tried to get mom to add me to her POA as alternate for years. She just doesn't seem to understand that if my brother dies, she has no one. I also would like to know what happens if I refuse to jump through hoops to get guardianship. If I just do nothing. Do the courts appoint a paid guardian? Many questions myself. And I have run out of patience with mom.
I know Guardianship is a huge step but look at what is at stake! I would do any thing to be my fathers guardian! My dad and I took care of my mom when she was ill with ALS and now....he gets a home nurse who he does not know. If I go home to see dad, I am the trouble maker because I ask questions, I do not allow people to push me a round and tell me nothing.
As for the attorney, I have one on stand by....not because of cost..but because I do not want to do this to my father. Last thing he needs is to know there is a fight brewing over him. Only out of respect for my father !
BTW, you didn't ask me but my lawyer said that we had to pay for the bond (Texas) out of our funds. Everything else regarding guardianship came out of my MIL's funds.
I am the only one who would want guardianship of my mother, mostly because I am her only other child and feel some responsibility toward her. However, when a parent makes it so hard for you to care for them, it makes you want to say to hell with it. Then what? Will the courts appoint someone if no one wants the job?
My husband has full power of decision making over his mother's care, housing and estate. The cost of the guardianship, as I said before, was paid with MIL's funds. The total cost to them was right around $5,000. The lawyer has to submit what he is charging to the judge for approval. That price included everything, absolutely everything, except the bond.
Of course it is important to note that no one challenged the guardianship in any way- now THAT is expensive.