What is guardianship?
Hi everyone,
I have come here to update you all on my Mom's placement and to ask a question as well.
I know in my last question/post that I received a lot of good advice and for that I am truly grateful. I am working with an elder lawyer for myself and my Mom. I wanted to let you all know that the County that was conducting an investigation of elder abuse has closed the investigation because of course, they found no abuse of any kind. So upon speaking with my attorney, he is petitioning the court for me to be granted guardian of my Mother, because I was told by him that it would be beneficial for both myself and my Mother. She was in a very horrible SNF after her recent hospital stay, but I now have her in a private pay senior living facility level 3 care. It will definitely spend down all of her proceeds from the sale of her home and once that is gone we will apply for state funding/Medicaid and she will have to be transferred to a state run facility, which is where I want to be sure that she will go to a nicer place than the SNF she was placed in when she left the hospital. I am not really associating too much with Mom due to the fact that we don't have a relationship as you all know from my previous posts, but I also can't allow the state to control her life for when the time comes for her to go on state assistance. I don't want to see anyone, not even a dog in a place that my Mom was put in after her last hospital stay. So that's why the attorney wants to petition for guardianship for me. Whether this woman was a Mother or to me or not she deserves a decent end of life. So my question is…. as her guardian, would I have to take my Mom back into my home if she is not approved for Medicaid when the time comes? What are the responsibilities of a guardian vs POA? Again, I am going on the advice of my attorney.
Guardianship is "physically the person", the conservatorship is "the management of assets" and DPOA is "financial matters only". They are three separate components and are sometimes applied individually or can be grouped as necessary. In addition, the State is very much pro-independence and pro-elderly rights. This allows the most recent PAS/DWD law to function properly. APS in our LO's state is very mindful even if the person is not under the state's guardianship.
Just as we had to do with our attorney, I recommend you run through different scenarios of what happens when. It cost extra out of pocket but was invaluable to understanding what might happen with or without Medicaid's approval.
Now, if when she goes on Medicaid you no longer want to be responsible for her care then the state can take over guardianship and you have no say in her care.
Guardianship is very expensive. You can use Moms money but I think only if you are granted it. You will answer to the State on how Moms money is spent. Make sure you fully understand the responsibilities.
#1. as guardian your record keeping of her funds must be thorough and complete and METICULOUS. Every penny in and every penny out of all her assets must be accounted for. You will start with an accounting of all her assets and values and you will keep files and monthly updates and diaries. This is a BIG JOB. If you don't understand it you have to ask the attorney how to learn to do it.
#2. Once you are guardian you are responsible for her placement. HOWEVER were she to be refused Medicaid for any reason in future, and you don't want to take her into your home, you would have to give up your guardianship and let the state take on her guardianship, at which point you would have no choices in any placement as to where or when or how. Or in anything else.
And the GIVING UP of GUARDIANSHIP again would need an attorney and a court action. Cannot be done by letter or by simply saying "I'm done".
You are doing great here, C. Congratulations.
Just get those records and files together and keep a diary. These are for your protection.
Wishing you the best of luck. This is a big big job. Begin by starting to understand your duties by reading everything you can for the rules in your own state.
For guardianship, I think the court gives you the information you need to know about your responsibilities, but I cannot imagine you will be expected to take your mom back into your home. You just have to visit her or talk to her caregivers a certain amount of time and stay on top of what the care facility is doing for her. Guardianship doesn't include conservatorship, which is financial responsibility. As her guardian you just make her decisions for her and keep track of everything. Others on here know more about the particulars on all this. Good luck. I'm glad she's in a better place. Good job!