Guardianship/Conservatorship

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Guardianship/Conservatorship

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The amount of information that must be filled out on initial report,inventory, annual report, and finanacial plan is overwhelming. Every single penny must be accounted for; understandably, but this is almost overkill. One must basically copy by hand, all of the information from your conservatee's check register onto a seperate form. This is ridiculous. Why not copy their statements and attach. You must do this every reporting period. Does anyone else have to do this, and is there a way around other than writing or typing forever?

Power of Attorney (POA)

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A Anne May 2009 · Answer 1 · 2009-05-05T13:48:46.000-0400

O my, yes! I'm doing this now. I account for every penny. I paid for my wards (Mom and Dad) hundreds of thousands of dollars worth of bills. So you may imagine my file cabinets, and notebooks full of notes, bills, receipts, etc. It is an accounting mountain. But we are bound by the court. What they say, we do. Period. They make the rules, we just follow. At least in my district. And sometimes there's restrictions. Yeah, it's overkill. But think of it this way: it protects our seniors as well. It accounts for their assets, and they actually become a ward of the state, with us doing all the work. Otherwise, it would be easy to steal from them. And there has to be some protection in place. The only "out" is POA without court involvement. I was warned against Conservatorship by a lawyer for this very reason, but could see no getting around it. And yes, the paperwork is a nightmare!!! It took me more than several weeks to do it. I now have due an annual accounting, of the whole year's worth of expenses. It won't be fun, but Probate demands it. And since I chose to do this, I'll comply. If not, they will remove me, and assign someone else, such as a lawyer. That's the way it works in my county, and in my parent's. Wish I had some different news to tell you. Hang in there; you can do it!

N NAUSEATED May 2009 · Answer 2 · 2009-05-05T13:55:06.000-0400

Thanks Anne. I was also told that when I filed for petition for guardian/conservator that the fees were to be paid by me. Also, the charge for the court visitor, by law was supposed to be paid by me. I did this, but now I notice that on the initial report/financial plan, that there is an area in which I can charge the estate for those fees I have incurred. Were you able to do this also? I suppose I could consult a lawyer, but I know how much they cost, and I cannot afford to pay. Can this also be charged to the estate?

A Anne May 2009 · Answer 3 · 2009-05-05T13:58:47.000-0400

By the way, if you are removed for non-compliance, your ward (parent) has to pay the lawyer to do it. You can hire someone. (I checked, and the accountant wanted $45.00 an hour.) But even if you hire someone, you still have to provide the receipts, documentation, etc. And oversee everything. Might as well do it yourself. I thought I'd "die" having to do the initial, but got through it, and now it's done. And once you do it, it doesn't seem as bad, and you have acquired a new skill. Believe me, I know it's hard. Once done, it gets easier. I made mistakes, but learned along the way. And called the Court a LOT. They can help walk you through the maze by answering questions. You'll breathe better after it's done. Charge!!!

N NAUSEATED May 2009 · Answer 4 · 2009-05-05T14:16:39.000-0400

Thank you Angel Anne! I must go finish this dreaded job. Thought I would take a breather here after feeding dad and refueling myself. This is so stressful, this paperwork, I have boxes of all his papers, good thing I know where everything is, or anyone else would be in trouble.

N NAUSEATED May 2009 · Answer 5 · 2009-05-05T17:33:45.000-0400

I have another question, while we are on the subject of guard/cons. Can you charge your conservatee for replacing carpet or furniture they have destroyed? I know, silly question, but I paid a lot of money for my beautiful leather couches, that were supposed to last me the rest of my life.

A Anne May 2009 · Answer 6 · 2009-05-05T17:43:45.000-0400

I believe you can purchase necessary items for them using their assets. I'd double check, but your Dad (or is it Mom?) is living with you, correct? It's their home, too. And if they are using those items, seems reasonable to me sharing costs for reasonable expenses. Wretched excess and extravagance may be suspect, if you understand. But check into it. I think you can charge a Conservator fee for time spent, expenses. Keep paper trails and accurate records of every single penny spent, and document your time, etc. I checked with a Professional Guardian through our local Commission on Aging. A Guardian only gets $60.00 a month. The court has the right to approve or deny your requests at the annual accounting audit. At least all of this is my understand, so far. I'm no expert, and my word's not "gospel." Hope that helps.

N NAUSEATED May 2009 · Answer 7 · 2009-05-06T15:36:41.000-0400

Hi Anne ! Been busy filling out the mound of paperwork. It's not so much the forms as digging everything out and calculating every projected expense. It seems I'm writing the same things three different ways. I took a short break, cause this is giving me a massive headache. I never charged dad a thing since November, which has been a strain on us, since he eats like a horse LOL, and extra cleaning supplies, etc., you know the drill. Anyway, thank you so much for responding, every little bit helps no matter what. I must get this completed tonight, and then E-File it, it is due on the 10th, then on to taking care of all his other financial nightmares. I still don't know what I can do about his house yet. I think I may have to let it go into foreclosure. He cannot afford to make two payments, one for house, and other for ALF. I'm not so sure lately if he even qualifies for ALF, might have to be in nursing hom e. I've thought about taking care of him myself, and using respite services, and then getting paid. But I don't know if I have the patience or energy, or health for it. Oh well, that's another thread. Thanks again "Angel Anne". Love and Hugs to everyone, check back later, if I have time.

A Anne May 2009 · Answer 8 · 2009-05-06T15:55:11.000-0400

You're entirely welcome. I'm proud of you for plowing forward. I know you'll feel better once it's completed. Phew! is how it made me feel. But there's always something more to do, it seems. And all painstakingly complicated, in my experience. Don't you have any receipts for things you purchased for him over the past months? Seems like you should get some reimbursement. And you can charge for rent and utilities, etc., I believe, as well. I hear you on the house, thing. I'm wondering what's going to happen to Mom and Dad's before it sells, while trying to pay for all her expenses in an apartment. Guess we'll just have to take things one day at a time, and walk in faith. But isn't ALF private pay? If it's medically necessary for him, why isn't he going to a Nursing Home, where Medicare covers it, (at least the first 100 days) and the house and one car is exempt as an asset? It's a nightmarish paper maze, isn't it? But you're up to the challenge. think you're tearing through it faster than I was able. Don't forget to take care of you along the way. Praying for you, Naus...

L Lsring May 2009 · Answer 9 · 2009-05-11T15:24:42.000-0400

The guardianship system is so broken. I flew 1500 miles from my home to file for guardianship of my foster mother who was being neglected and needed medical care. The APS caseworked told it was the best thing I could do. Not wanting her to suffer any longer I finally did.

It has been a nightmare that has destroyed four years of my life, cost my foster mother all of her assets and cost me tens of thousands of dollars.

A Anne May 2009 · Answer 10 · 2009-05-11T15:54:49.000-0400

Dear Lsring, what do you mean, "a nightmare that...destroyed four years...cost...all her assets, and cost you tens of thousands of dollars"? I just want more information. I am my Mom and Dad's Guardian and Conservator, and the annual paperwork account is due within weeks. You have me more than curious... Please write more. Thanks, Anne

L Lsring May 2009 · Answer 11 · 2009-05-11T19:31:19.000-0400

Guardianship can be a very expensive ordeal and when it is contested the sky's the limit. In my case there was financial exploitation on top of other abuse and the legal fees continued as the money ran out. In the end I was sued for the legal fees that my ward was responsible for and finally could not afford to fight it any longer so I had to take a loan out on my house and pay the lawyer off.

This is a terrible outcome for someone who is only trying to care for a loved one.

T tamster Jul 2016 · Answer 12 · 2016-07-21T14:51:33.000-0400

I am confused about being guardian over my husband in Nevada a community property state. Do I split food that I buy, eating out, utilities, etc. I am also his caregiver and not able to work full time if at all because my husband needs 24/7 care. We are not retirement age yet. It is all so overwhelming and I don't know what I should and should not do. Help.

O OldSailor Oct 2017 · Answer 13 · 2017-10-06T17:15:42.000-0400

I know this thread is over a year old but I feel compelled to respond.
You can find specific guide lines in the Nevada Revise Statutes on guardianship and it contains links for a class run by the courts, which I am planning on attending.

I mentioned in another post about the problems the court is going through. With permission of the moderator I am including a link to a story about one families problems with our court here and an appointed guardian.
The story is pretty long but informative.

https://www.newyorker.com/magazine/2017/10/09/how-the-the-elderly-lose-their-rights

In Las Vegas there are only three certified elder care lawyers that practice elder law. I am currently waiting for our court date to be appointed my wife's guardian.

C cwillie Oct 2017 · Answer 14 · 2017-10-06T19:05:02.000-0400

That article makes my blood boil OldSailor, and I'm sure similar shenanigans are taking place everywhere.😠

G GardenArtist Oct 2017 · Answer 15 · 2017-10-06T21:13:31.000-0400

The article upset me so much I couldn't finish it. I was getting too angry.

Although what I've seen in law firms doesn't approach this level of what I'd consider abusive and criminal activity, it's one of the reasons I'm so opposed to "professional" guardians and conservators.

If there's any mention in the article of class action suits against these people who exploit seniors, I'll have to finish reading it so I can leave it with some sense of wrongs being righted.

In fact, I hope AARP or ACLU files a class action suit against these scammers.