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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!!!!!!!
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.
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.
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. :)
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.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
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.
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.
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