Parent legal gaurdianship

[huckster]

my sibling recently got court appointed legal gaurdianship of our father, we are both on his bank account he wanted it that way as he is in a nursing facilty . my sibling pays his bills with his money, i visit him as i am the only relative in the state, now that my sibling has legal gaurdianship , she will be paid from his money, can sibling change will? benificaries on life ins policy?
sibling is very greedy , with a proven track record .
am i pretty much outta luck? i am glad my father is in a institution he is "not" mental or physically safe on his own , he gets very mean and violent and is prostesting this . but i know it is the right thing for him .. but now i am wondering about his assets being distributated fairly as i have been hurt before by this sibling, can she legal spend his moneyt after all the bills are paid month , with no ramifications?
. i am not greedy , but think i desreve my fair share any thoughts?

 

[mickeyboat]

Does your sibling have a power of attorney? DH was given POA for his dad before he died. He was able to do anything his dad could have done with several major exceptions. One was that he could not convey real estate, and I think another was that he could not change the will.

The document which gave DH the POA clearly spelled out the exceptions. Ask your sibling for a copy. If the exact powers are not spelled out, or your sibling does not have a POA but some other power, google your state laws regarding the form of power and see what they say. I suspect the exact powers will be spelled out in your state statutes.

Hope that helped.

Denae

 

[minkydog]

Hmm, I think there is some accountablity. I know my special needs son has a special needs trust. We are the legal guardians of the trust and we can spend thta money on almost anything that directly benefits him. At the end of the year we have to make a detailed accounting of *every* *last* *cent* of that money to the federal government. Not just "I used his money to send him a coat and buy him some diapers." No sir. We have to prove it with receipts and dates. Since we can be audited at any time and for no particular reason we are very motivated to do the right thing.

 

[cheermom1]

I have some experience with my grandma ..My mom was the legal guardian till her doc put her in a nursing home (best for her) then another sib somehow got her out and changed everything to her name ...I do know that somehow she got grandma to sign all the papers HOWEVER from what I told it should not have gone through as she was already declared not mentally able to make a sound judgment but she did it anyway...then we were told that my mom can take it to court and win but it would take a while and she would be spending her own money...my mom left it alone and now the nursing home is calling and calling saying they are not getting paid and all kinds of other things ..it is a mess!!!!

there is nothing my mom can really do to be honest ..the sad part is that the other sibs are now trying to get my mom to pay her nursing home care and her funeral when it happens ...there are 6 kids in all where are they??? They should all get together and find out where her money is instead of asking just one to pay for everything ...ok off my soap box sorry....

I don't really know what to tell you except to keep an eye on him ..

sorry you are going through this...

 

[huckster]

yes they have Power of Attorny and now legal gaurdianship.
so all his excess money left each month "should" stay in his account untouched? cause he 2500 left over each month after his bills are paid, he is a full disabled vet and gets ss vets pays all his mediacl , he has a house that needs to be sold and assets inside.He did have a nortorized paper saying my sibling and i can liqufiy all his assest's.proir to being committed

 

[The Mystery Machine]

Not sure.

My BIL has POA over my MIL. He does her bills, he is her landlord, and takes care of other things.

I don't know if I would want to be on an account with someone who is "greedy"?

Does he have large sums of money at his disposal?

 

[mickeyboat]

yes they have Power of Attorny and now legal gaurdianship.
so all his excess money left each month "should" stay in his account untouched? cause he 2500 left over each month after his bills are paid, he is a full disabled vet and gets ss vets pays all his mediacl , he has a house that needs to be sold and assets inside.He did have a nortorized paper saying my sibling and i can liqufiy all his assest's.proir to being committed

You need to see the papers and find your state laws to see what is allowed and what is not, also to see what kind of accounting needs to be provided to the other beneficiaries.

I googled guardianship of adults for my state and there was lots of general information.

 

[Dancemom03]

I'm glad that your dad is settled somewhere safe and sorry that you have to go through this.

Sadly, the issue of money may be a moot point in the end. Long term care can be very expensive and easily drain bank accounts/other assets over the years. I'd second finding out just what the guardanship documents allow and what additional costs might be anticipated down the road.

 

[MaumeeMom]

my sibling recently got court appointed legal gaurdianship of our father, we are both on his bank account he wanted it that way as he is in a nursing facilty . my sibling pays his bills with his money, i visit him as i am the only relative in the state, now that my sibling has legal gaurdianship , she will be paid from his money, can sibling change will? benificaries on life ins policy?
sibling is very greedy , with a proven track record .
am i pretty much outta luck? i am glad my father is in a institution he is "not" mental or physically safe on his own , he gets very mean and violent and is prostesting this . but i know it is the right thing for him .. but now i am wondering about his assets being distributated fairly as i have been hurt before by this sibling, can she legal spend his moneyt after all the bills are paid month , with no ramifications?
. i am not greedy , but think i desreve my fair share any thoughts?

The bolding is mine...

What exactly is the problem? Are you afraid that your father is being taken advantage of or are you afraid that there will not be anything left over for you.

I hope that your concern is for your father and not yourself. If so, the best thing to do is to speak with your sibling about your concerns. If this is not possible than contact a lawyer to see what your rights are and what accountability there is regarding your sibling.

Sorry that you have to go through this, good luck.

 

[mamacatnv]

I am my Mothers legal guardian in the state of Oregon. In Oregon there is Guardianship and Conservatorship. The Guardianship allows me to manage her and her care. Since her assets totalled less than $10K I did not need conservatorship for her money. (she doesn't have any $$)

I am also her Representative Payee with Social Security which allows me to spend her $$ - due to her medicaid/care status she only has $30 a month discretionary, the rest goes to her care facility and I pay that bill on her behalf. SS still makes me account for every penny of that $30 in an annual accounting statement.

If your sibling is so untrustworthy why did the family allow said sib to be the Guardian? In Oregon I have to file an annual petition with the courts to renew my Guardianship status. Perhaps you need to file a protest with the courts, contact the atty. who handled the Guardianship.

 

[huckster]

as always when one post online you should expect the finger pointing.

yes i am concerned for my fathers well being , the state made him a ward , he was violent and refusing care in a nursing home,rightly so.he is unsafe to himself and others.
the Vets pays ALL his medical and drugs, so there are no medical bills,
yes once things are said and done, i am on the will with an equal part, i do think i am entitled , my father is being taken care of safley or i would protest, there will be alot of excess money each month, so i wonder does this become part of the estate? sorry if you think this makes me greedy.concern for my fair share doesnt make me careless about my father.