littlebear28 Asked January 2018
What is the best way to proceed with Guardianship?
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Was just made Guardian of my mom due to incompetency. Court ruled protective placement is necessary, therefore she has been placed in healthcare facility for rehab for her fractured arm. She was also diagnosed with dementia while in the hospital. My concern is that she would love nothing better than to go home and has refused to eat. They are giving her something for depression but was told that it will take a while to take effect. How are you doing as Guardian? What advice can you pass on? On the flip side, facing the responsibility of paperwork to handle the estate is scaring me a bit.
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The only restrictions place on me was in the area of money. And that may vary in what the court requires.
In my case I cannot make withdrawals from her saving account with out court approval. But I can use her checking account for recurring expenses or possibly for larger expenses.
Yes the paperwork can be difficult. It gave me headaches. But I did it. Much of it is what is required by the court.
In my area, once the initial guardianship was approved, I only have an annual financial report and budget to complete. Assistance from a professional like a cpa or attorney may be advisable.
The big difference is you will have, in many cases, the support of the court for so many things that a POA will not or may not work.
Of course things can vary by state. Here the courts are usually in favor of close relatives becoming the guardian. And only if thing go array will the court step in for possible corrective action.
The only real problem I ran into was getting a block put on her savings account because the credit union did not have a department or procedure for such actions but we did eventually work out an acceptable plan and the court was agreeable to it.
The annual financial report had me sweating like a long tail cat in a room full of rocking chairs but, to my amazement, I got good comments from the judge and staff in the way I was handling everything. My blood pressure has now returned to normal and I still have my DW with me and no interference.
Now it mainly will consist of keeping records and receipts until the end of this year.
I hope this helps.