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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.
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Some of our very BEST minds have answered you. A fiduciary will likely be appointed. I have one who has become a friend while managing the assets of my deceased brother's ex partner's estate. He is absolutely a gem. I hope your brother will have the same excellent luck.
Your brother is a vet? Being cared for in a nursing home? He has Veterans Benefits? Why does he need a conservator/guardian? Can you be his POA instead, as next of kin? Is he unable to make decisions?
Your Chapter 13 bankruptcy was 3 years ago, and you have a history of paying it off. Good for you! Your credit profile is 'fair', you could buy a used car with credit.
If your state probate courts - where guardianship & conservatirships are usually heard - do a background check on those applying to be named, the background check on you will include a credit report. That you’re currently in BK will be obvious. I doubt judge will name you.
I’ve been an Executor x3 and have sat in PC more times than I ever thought possible and what I found is the judges have at the ready a list of vetted available persons to be named as guardian or conservator or Executor. Sometimes it’s an attorney or a Social worker but sometimes it’s someone who has taken a statewide course to do this. The judge will default to the list if there’s family squabbling or seems unsuitable, or not a resident of the county. I was in courtroom where a lil gaggle of attorneys sat back row on hearing days waiting just in case a guardian needed to be named and no family was there or deemed suitable.
Is there someone else in your extended family who could be his conservator? I’d try to have that ready to go. I - like Cali & CountyMouse - just don’t see you being named.
You might - just might - be able to be if IF you can post a bond. But you’d need $$$ cash up front to be bonded or a significant asset (home with equity) to pledge on your bond. Bonds like these are not necessarily done by those “Big Bobby’s Bail Bonds” type of biz located by the jail or courthouse. But are done by independent insurance agents. Your credits crap, it will be a hefty fee to get you bonded. Call around to see if it’s even feasible to do this. If you can be bonded, I’d try to get an “in chambers” hearing scheduled so to see if judge will possibly even entertain doing this with you..... so if not you haven’t put $ or property up unnecessarily.
I would be surprised if you were given conservatorship over your brother. But I suppose it’s possible. I don’t like saying this but if you couldn’t handle your own finances and took on more debt than you could handle, I can’t see the courts putting you in charge of someone else’s finances.
I do not imagine the credit agencies would support your line of argument. I am delighted for you that you have managed to get a difficult chapter of your life under control, but I don't think you can look on it as testament to your sound financial management.
Whether or not a Chapter 13 would actually disqualify you as a conservator, I don't know and haven't been able to find out easily. I should look on your state's own website and search for answers there. Try looking up something like "what disqualifies a person from being appointed as conservator in [name of State]?
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.
Being cared for in a nursing home?
He has Veterans Benefits?
Why does he need a conservator/guardian?
Can you be his POA instead, as next of kin?
Is he unable to make decisions?
Your Chapter 13 bankruptcy was 3 years ago, and you have a history of paying it off. Good for you!
Your credit profile is 'fair', you could buy a used car with credit.
Do you plan to bring him home to live with you?
I’ve been an Executor x3 and have sat in PC more times than I ever thought possible and what I found is the judges have at the ready a list of vetted available persons to be named as guardian or conservator or Executor. Sometimes it’s an attorney or a Social worker but sometimes it’s someone who has taken a statewide course to do this. The judge will default to the list if there’s family squabbling or seems unsuitable, or not a resident of the county. I was in courtroom where a lil gaggle of attorneys sat back row on hearing days waiting just in case a guardian needed to be named and no family was there or deemed suitable.
Is there someone else in your extended family who could be his conservator? I’d try to have that ready to go. I - like Cali & CountyMouse - just don’t see you being named.
You might - just might - be able to be if IF you can post a bond. But you’d need $$$ cash up front to be bonded or a significant asset (home with equity) to pledge on your bond. Bonds like these are not necessarily done by those “Big Bobby’s Bail Bonds” type of biz located by the jail or courthouse. But are done by independent insurance agents. Your credits crap, it will be a hefty fee to get you bonded. Call around to see if it’s even feasible to do this. If you can be bonded, I’d try to get an “in chambers” hearing scheduled so to see if judge will possibly even entertain doing this with you..... so if not you haven’t put $ or property up unnecessarily.
Whether or not a Chapter 13 would actually disqualify you as a conservator, I don't know and haven't been able to find out easily. I should look on your state's own website and search for answers there. Try looking up something like "what disqualifies a person from being appointed as conservator in [name of State]?
What are the other options for your brother?