Follow
Share

I obtained a guardianship for my aunt to retrieve a life insurance policy that had matured. The company would no longer hold the money, my aunt is still alive but unable to sign or understand and the company would only accept a court order to retrieve the money.
I am her DPOA and trustee and HCPOA so I don't need the guardianship for anything else, but some of the duties overlap.
The only action I took as her guardian was retrieving her policy.
However I am in the process of moving her from assisted living to a nursing home on a doctor's recommendation. Her pastor has recommended making funeral arrangements. I am able to do these things with the trustee hat and POA hat on, without the documents appointing me guardian.
I am confused about what to report to the court and what to include in the report.
Does the guardianship require me to disclose all expenditures and transactions during the year I was appointed guardian (I will relinquish it since it's no longer needed) or just the action I took as her guardian which was to retrieve the policy?

This question has been closed for answers. Ask a New Question.
Find Care & Housing
Thank you for all your help. I will start with the Courthouse. If I'm unable to see clearly what I need to do, I can contact the attorney. I can supply any info the court needs, I was keeping trustee records, and have all transactions documented. I am swamped most of the time and just felt overwhelmed by doing two reports. I guess I'll have to wait and see what is required. I think it's good advice to keep the guardianship. I don't anticipate having any problems with paperwork, but I don't like surprises. Just in case it's helpful to anyone, my Aunt never took her husbands name off the trust when he died. It has been a hassle to produce his death certificate at every turn. Copies weren't accepted. Death notices and obituaries weren't accepted, only certified state death records were accepted, which I had to order and wait for. Thank you all for taking the time to help. It's very much appreciated.
Helpful Answer (0)
Report

What goes in the Court report really depends on the state and the court. Since you marshaled the life insurance, you may indeed have to account or explain to the Court what happened to that money and, if it was spent, how it was spent. In CA, these accountings are very detailed and you have to account for every penny. Some courts require only a simple form. Although attorneys are expensive, you may find that the expense is worth mitigating the aggravation and stress of trying to navigate on your own what your Court requires. Even if its just a consultation with a lawyer to see how detailed it has to be. Your local court may also have a self-help center or something similar. This is really a legal question, and quite honestly the only person qualified to give you legal advice is a lawyer.
Helpful Answer (0)
Report

Each state is different. I did not get DPOA for my wife who has advanced dementia. We recently moved from NJ to CO and I was unable to do any transaction requiring her signature. This included buying a new home in CO in my name only. I have since obtained guardianship and conservatorship powers from our county court. They require annual reports for both roles as there are different responsibilities in each. I must also report any change of address. The court clerk was very helpful and is the office where the reports are filed. As mentioned elsewhere, the powers can unlimited or specified in detail so start with the court orders as suggested..
Helpful Answer (0)
Report

Great answers to check with the courthouse. The right office - the name seems to vary from state to state - will have the right forms and will be able to answer your questions. We completely agree that it's better to talk to the courthouse than the attorney. They know exactly what they want and when, and they'll tell you for free.

In general, guardianship trumps POA. Everything you do now is as her guardian at least as defined by the court order naming you as guardian and granting you certain powers. There could be limits to your powers as guardian, such as if the judge signed an order that only permits you to address her life insurance policy and nothing else or if the order states that you have the power to handle her fiduciary affairs only. As as a result, the court probably wants to know everything you do on your aunt's behalf that fall within that range of powers. Re-reading the court order is where we'd start.
Helpful Answer (0)
Report

Our 88 year old has a guardian, included in her report is how is the patient doing, what if any are the problems what was done to solve the problem, ie. the move to NH, the cost, her state of finances, what is her probability of life expectancy according to her finances, etc. I am sure the judge can fill you in... but I took the liberty of finding a form, this is the internet address for Penn., hope it helps... http://www.pacourts.us/assets/files/setting-874/file-815.pdf
Helpful Answer (1)
Report

I am my son's legal guardian and the county I live in has a very simple form that needs to be filled out annually. So I agree that you should check with the court first. You may not want to relinquish guardianship unless there is someone who can become successor guardian, or else you may have to prove that your aunt no longer needs a guardian. For that part, I would check with a lawyer.
Helpful Answer (0)
Report

Check with the court, save the attorney fees. Courts here have standard forms to complete making it much easier while providing the information required by law.
Helpful Answer (3)
Report

Yes, I realize now it's a lawyer question, and I suppose if I don't submit the proper paperwork I'll hear about it soon enough! Late at night, I turn to this website for answers to questions I don't have time to think about during the day. Thanks for your kind thoughts.
Helpful Answer (1)
Report

I guess no one really knows the answer to this question. Can you go back to the lawyer that you used to obtain the guardianship? I think that would be a good place to start. I'm sorry about your aunt's health.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter