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I just did this and I had to file in the county where my mother resides. I live in Michigan and she was in Indiana. You petition the court for guardianship, but they will send a notice to all interested parties which would be any siblings and children of you parent. They then have the opportunity to object to you getting guardianship. Does anyone have durable power of attorney?
I think that what all of us attempting to tell you is......VERIFY WITH THE STATE REGARDING ALL LEGAL NECESSITIES THAT WILL PROVIDE YOU WITH THE BEST OPTION(S) WHILE PROTECTING THE PERSON IN QUESTION.
Every State is different but the same in so many ways.
Personally, I have been researching all of this and other issues so as to be prepared; for almost 1.5 yrs. When I say all issues, I mean everything from Durable POA, guardianship, conservatorship, in-home care, Medicare, Dr documentation, nursing home care.....
I even have Adult Protective Services involved, which I prayed I would never have to do, but the situation finally called for it to be done.
I had to do this research for what has now become my responsibility; as well as having to be informed should I have the need to take siblings to Court.
You don't need to hire an attorney if you're just starting the process. It sounds to me that you're looking for a starting point right now.
This is where researching everything you can, especially if you have siblings or you have to contend with family members who will fight you all the way to Court.
Get your Ducks in a row first. Find out all the different ways to help. Call the State/County Law Office for help.
That is the first thing I was afraid of doing as I thought I would lose 6 ways to Sunday because of what my siblings had done behind my back.
The best money I have spent thus far is a membership to a very reputable legal service and other services by this company.
I present the situation, the State Statutes, what I think the Law is telling me to an Estate Attorney. The attorney is not in my home State, but is required to research State Law BEFORE providing an answer.
So far, I have had legal backing for all of my questions and my understanding of the Law. Right now, $46 a month is better spent for me than paying an attorney's hourly rate only to find out I can't do something because my siblings had Mom sign a legal document and I would have to prove fraud.....which has happened 2x now.
You have had so many answers thrown your way and all answers are probably blowing your mind right now.
Step back, Zen for a few minutes and start your research. Doing this for myself, as I have stated, has provided me with so much knowledge and how to handle siblings now.
Trust yourself, you can do this even though it is so frightening. I am scared to death right now because my siblings have left me with an extremely horrible mess to clean up now. I have to contend with step-siblings too! They're afraid that they won't get anything should their dad pass away before my Mom. I have to explain to them how that all works!
YOU CAN DO THIS, YOU CAN DO THIS Keep repeating this mantra, I do every single day.
The State your parents maintain legal residency. However if you have POA or even better SDPOA (Springing Durable Power of Attorney) file them in both States. I went through this with the sale of a home in SC as we were moving back to WV. Often times other states will SAY they will not accept another States POA or SDPOA. But there is a compact with the Attorney Generals of the US that the Attorney General of the Foreign States Dicument will be recognized if and only if the Law Firm of the Foreign State where the POA was created will be recognized by the other state if the law firm or lawyer whom created the document also signs an affidavit stating that the document was created under the laws of the state it was created. Then both states will accept the court filing and the validity of the documents powers.
I will warn you that a bank in WV that I am on the bank account with my parents recommended that I not file this document with the bank as I will have less control over the account upon one of the parents death.
Usually in the county in which the parent resides. Contact the probate court in that county. If POA is possible, do that. But for that you need a willing and competent parent.
I am going home this next week to take care of this exact situation for my Mom. I tried to at least get Durable POA, but my siblings kept intervening and NOW THEY WANT ME TO TAKE CARE OF MOM!! They have totally washed their hands of the entire situation...thank you so very much.
Anyway
1. Google the State where the person resides...VERY IMPORTANT. Just enter State of ____ County of____how to get guardianship of an elderly adult 2. You can also call the State Law Library (generally the State capitol) and someone will be able to direct you to the proper links needed to download the forms or these may also be on PDF download 3. Some States will REQUIRE that you pass an exam to become certified, which may also be denied by the Court, which will then assign a "professional" Guardian who then will bill the Estate for services rendered. IF this happens....FYI, ALL THIS PERSON NEED DO IS COME TO THE DOOR, WALK IN, LOOK AROUND (NOT EVEN THAT IS REQUIRED), LEAVE AND THEN BILL THE ESTATE WHATEVER THEIR FEE IS. My Great-Aunt was a multi-millionaire and her youngest brother charged her Estate over a million dollars just going to the nursing home for a few minutes and would not allow her Attorney to come on business because he knew she was going to change her Will/POA!!!! BUYER BEWARE. IT WAS ALL LEGAL IN THE STATE OF IN 4. 99.9999% you will need to present your certification as well as the needed documents to a Family Court Judge 5. 99.9999% the person who you are trying to get guardianship will also be require to have a Fiduciary attorney there to represent them EVEN THOUGH YOU HAVE DOCUMENTATION FROM THE DOCTOR (WHO YOU WILL ALSO NEED TO BE PRESENT FOR QUESTIONING) AND THE ATTORNEY KNOWS THE PERSON IS NO LONGER ABLE TO MAKE DECISIONS ETC 6. Depending on the State Law, the Judge may or may not ask the person a series of questions. It will be up to the Judge to determine if the person has answered to his/her satisfaction (SEE #5). If the Judge feels there is not a need for guardianship at this time, you lose and you will be responsible for ALL COSTS INCLUDING PAYING THE FIDUCIARY ATTNY and any attorney your family members have representing them as well as the Doctor's time 7. Anyone in your family who has an interest in the matter, must be notified that you are attempting to do this so that they decide as whether or not to be at the hearing, at which time they can contest and you lose should the Judge find in favor of the family 8. You will be required to provide a background check for yourself to the Court, so you will also have the cost(s) of the documents, attorney/paralegal, completing these the required forms, notary fees, background check (which is generally done by an investigator), Court fees, possible Bond will need to be setup which will be a % of the assets that the person in question currently owns ***You can request for certain fees to be waived or find an attorney/paralegal who will do all of this at a flat rate*** 9. YOU will become the PARENT once you become Guardian. You will be responsible for all decisions made on behalf of this person who will no longer have any rights as they become a MINOR again. They cannot drive, vote, sign contracts, finances etc. these are decisions you will be responsible for and you will also have to provide a report to the Court annually regarding all monies spent from their bank/investment accounts. All monies must go toward the care, bills paid etc for the "WARD" as the person will now be referred as once this has all be approved. You will be required to keep all receipts, copies of all doctor appointments, bank records to backup what you are spending which better match or you will be charged with FRAUD OF AN ELDERLY PERSON 10. Guardianship will cease once the person passes. Be sure to have their original Will and read over it very carefully. If no one is designated as Executor/Executrix of the Estate and the State that the Will was prepared or no Will is probate, then the STATE BECOMES EXECUTOR. The ONLY item, if there is one, will be the deed to the burial plot/crypt one will be able to have prior to the Court's decision as to resolution of the Estate. If the State is not Probate, the State will still become Executor and you're looking at possibly years to get resolution, even in Probate should there be any contest from anyone in the family who feels that they are entitled. Probate, you will be required to inform all persons named in the Will that the Will has been recorded with the State; again there will be the possibility of contesting from family members EVEN THOUGH the Will states specifics i.e. my Mom's Will only allots 1 sibling $1000 and should she contest, she gets NOTHING.
IF the State where your family member resides requires these documents to stay within their system and you decide to move the person to the State where you live, you will need to research what is required to transfer guardianship to/from another State. The current State of residence takes priority. YOU CANNOT abscond with the person in the middle of the night as this is considered kidnapping!!!! Your family members will then have the right to have you charged!!!! Think of it as a parent having total custody of a child(ren), the other parent takes the child(ren) on the weekend they have visitation and they leave the State or Country.
In my Mom's case, she does not want to ever leave her home and I have known this forever and a day. I do not need to live in the same State as I have Mom's 2 brothers who are willing to help me check on the in-home care that I will be asking her doctor to prescribe and get through Medicare. I will have to go back home at the very least, 1-2 times a quarter.
At this point, I am going to try just the Durable POA (Mom must sign/acknowledge she in fact knows what she is signing...going to be very hard due to decline with dementia) which will basically give me the same authority, but not having to go to Court.....yet.
I wish you the best and it will be a very tough row to hoe.
Also, for the first few years, I was my parents POA. Let me tell you, the POA only gives a limited ability to do things for your parents. Your parents can revoke the POA at any time. For the first year that I had legal guardianship, I did it long distance, since they lived in Oklahoma, and I live in Washington State. The courts allowed me to be reimbursed for all expenses, legal and otherwise, out of my parents finances. Legal guardianship doesn't have to be renewed yearly, but I do have to give an accounting of my parents bank accounts and answer for all monies spent. I agree with what was already recommended. Get an elder attorney.
You can only obtain a POA if your parent is competent and willing to execute it. Otherwise, you have to go to court and establish incompetence and the need for guardianship. Either guardianship or POA have to be obtained in the state in which the subject of either (i.e., the parent) resides. If you subsequently move the parent to a different state, the POA or guardianship will still be good, at least for a while. Many banks won't honor POAs that are more than a year or two old. If the guardianship has to be renewed, you would have to renew it in the new state of residence, but be aware that state laws may differ.
My parents lived in Oklahoma and I live in Washington State. I had to go to Oklahoma and file for legal guardianship of them. I found an attorney in the town next to them and started the process, then finally went before a judge with all of the proof from doctors and family showing them incompetent. The judge granted the legal guardianship. I have since moved my parents to Washington State, where they live in an adult family home.
I agree with Grandma1954 and Commutergirl. Talk to an elder attorney to see if POA is sufficient. The guardianship IS a pain, and has to be renewed annually, from what I understand. It’ s also costly to do. Check first!
I agree with Grandma 1954 a Power of Attorney is sufficient. If your parent can sign their name and no one would contest you being the POA this is something you can print out on your own for the parent's state. They usually require a few witnesses maybe a notary depending on your state. You don't need an attorney for this. Worked in Chicago over 20 years and found there is so much you can do without paying for an attorney. A POA is one of them. You simply take it to parent's bank, whomever so they can make a copy and have you sign signature card, etc.
In answer to JoAnn's question, there is the possibility that the parent and child live very close to each other but happen to be on opposite sides of a state line. Every day a lot of people cross state lines just to go to work.
Maybe you do not need Guardianship. It is possible that a POA would be sufficient. This is something that you really should discuss with an Elder Care Attorney. I had Guardianship for my Husband and it is a pain in the @$$. I would avoid it if possible. It is an expensive way to go and there is a lot of paperwork involved.
Your need to get an elder care lawyer in the state and area where your parent lives. The lawyer will have to file a petition of guardianship for you and represent you in court
You file where your parent lives (if that is whom you are overseeing); in that county. I filed in January and my court date is in April (St. Clair County, Michigan).
I would say in the state the parent lives. I would think like a lot of things, law is different in every state. But, how can you be a guardian in another 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.
Every State is different but the same in so many ways.
Personally, I have been researching all of this and other issues so as to be prepared; for almost 1.5 yrs. When I say all issues, I mean everything from Durable POA, guardianship, conservatorship, in-home care, Medicare, Dr documentation, nursing home care.....
I even have Adult Protective Services involved, which I prayed I would never have to do, but the situation finally called for it to be done.
I had to do this research for what has now become my responsibility; as well as having to be informed should I have the need to take siblings to Court.
You don't need to hire an attorney if you're just starting the process. It sounds to me that you're looking for a starting point right now.
This is where researching everything you can, especially if you have siblings or you have to contend with family members who will fight you all the way to Court.
Get your Ducks in a row first. Find out all the different ways to help. Call the State/County Law Office for help.
That is the first thing I was afraid of doing as I thought I would lose 6 ways to Sunday because of what my siblings had done behind my back.
The best money I have spent thus far is a membership to a very reputable legal service and other services by this company.
I present the situation, the State Statutes, what I think the Law is telling me to an Estate Attorney. The attorney is not in my home State, but is required to research State Law BEFORE providing an answer.
So far, I have had legal backing for all of my questions and my understanding of the Law. Right now, $46 a month is better spent for me than paying an attorney's hourly rate only to find out I can't do something because my siblings had Mom sign a legal document and I would have to prove fraud.....which has happened 2x now.
You have had so many answers thrown your way and all answers are probably blowing your mind right now.
Step back, Zen for a few minutes and start your research. Doing this for myself, as I have stated, has provided me with so much knowledge and how to handle siblings now.
Trust yourself, you can do this even though it is so frightening. I am scared to death right now because my siblings have left me with an extremely horrible mess to clean up now. I have to contend with step-siblings too! They're afraid that they won't get anything should their dad pass away before my Mom. I have to explain to them how that all works!
YOU CAN DO THIS, YOU CAN DO THIS
Keep repeating this mantra, I do every single day.
I will warn you that a bank in WV that I am on the bank account with my parents recommended that I not file this document with the bank as I will have less control over the account upon one of the parents death.
Anyway
1. Google the State where the person resides...VERY IMPORTANT. Just enter State of ____ County of____how to get guardianship of an elderly adult
2. You can also call the State Law Library (generally the State capitol) and someone will be able to direct you to the proper links needed to download the forms or these may also be on PDF download
3. Some States will REQUIRE that you pass an exam to become certified, which may also be denied by the Court, which will then assign a "professional" Guardian who then will bill the Estate for services rendered. IF this happens....FYI, ALL THIS PERSON NEED DO IS COME TO THE DOOR, WALK IN, LOOK AROUND (NOT EVEN THAT IS REQUIRED), LEAVE AND THEN BILL THE ESTATE WHATEVER THEIR FEE IS. My Great-Aunt was a multi-millionaire and her youngest brother charged her Estate over a million dollars just going to the nursing home for a few minutes and would not allow her Attorney to come on business because he knew she was going to change her Will/POA!!!! BUYER BEWARE. IT WAS ALL LEGAL IN THE STATE OF IN
4. 99.9999% you will need to present your certification as well as the needed documents to a Family Court Judge
5. 99.9999% the person who you are trying to get guardianship will also be require to have a Fiduciary attorney there to represent them EVEN THOUGH YOU HAVE DOCUMENTATION FROM THE DOCTOR (WHO YOU WILL ALSO NEED TO BE PRESENT FOR QUESTIONING) AND THE ATTORNEY KNOWS THE PERSON IS NO LONGER ABLE TO MAKE DECISIONS ETC
6. Depending on the State Law, the Judge may or may not ask the person a series of questions. It will be up to the Judge to determine if the person has answered to his/her satisfaction (SEE #5). If the Judge feels there is not a need for guardianship at this time, you lose and you will be responsible for ALL COSTS INCLUDING PAYING THE FIDUCIARY ATTNY and any attorney your family members have representing them as well as the Doctor's time
7. Anyone in your family who has an interest in the matter, must be notified that you are attempting to do this so that they decide as whether or not to be at the hearing, at which time they can contest and you lose should the Judge find in favor of the family
8. You will be required to provide a background check for yourself to the Court, so you will also have the cost(s) of the documents, attorney/paralegal, completing these the required forms, notary fees, background check (which is generally done by an investigator), Court fees, possible Bond will need to be setup which will be a % of the assets that the person in question currently owns
***You can request for certain fees to be waived or find an attorney/paralegal who will do all of this at a flat rate***
9. YOU will become the PARENT once you become Guardian. You will be responsible for all decisions made on behalf of this person who will no longer have any rights as they become a MINOR again. They cannot drive, vote, sign contracts, finances etc. these are decisions you will be responsible for and you will also have to provide a report to the Court annually regarding all monies spent from their bank/investment accounts. All monies must go toward the care, bills paid etc for the "WARD" as the person will now be referred as once this has all be approved.
You will be required to keep all receipts, copies of all doctor appointments, bank records to backup what you are spending which better match or you will be charged with FRAUD OF AN ELDERLY PERSON
10. Guardianship will cease once the person passes. Be sure to have their original Will and read over it very carefully. If no one is designated as Executor/Executrix of the Estate and the State that the Will was prepared or no Will is probate, then the STATE BECOMES EXECUTOR. The ONLY item, if there is one, will be the deed to the burial plot/crypt one will be able to have prior to the Court's decision as to resolution of the Estate.
If the State is not Probate, the State will still become Executor and you're looking at possibly years to get resolution, even in Probate should there be any contest from anyone in the family who feels that they are entitled.
Probate, you will be required to inform all persons named in the Will that the Will has been recorded with the State; again there will be the possibility of contesting from family members EVEN THOUGH the Will states specifics i.e. my Mom's Will only allots 1 sibling $1000 and should she contest, she gets NOTHING.
IF the State where your family member resides requires these documents to stay within their system and you decide to move the person to the State where you live, you will need to research what is required to transfer guardianship to/from another State. The current State of residence takes priority. YOU CANNOT abscond with the person in the middle of the night as this is considered kidnapping!!!! Your family members will then have the right to have you charged!!!! Think of it as a parent having total custody of a child(ren), the other parent takes the child(ren) on the weekend they have visitation and they leave the State or Country.
In my Mom's case, she does not want to ever leave her home and I have known this forever and a day. I do not need to live in the same State as I have Mom's 2 brothers who are willing to help me check on the in-home care that I will be asking her doctor to prescribe and get through Medicare. I will have to go back home at the very least, 1-2 times a quarter.
At this point, I am going to try just the Durable POA (Mom must sign/acknowledge she in fact knows what she is signing...going to be very hard due to decline with dementia) which will basically give me the same authority, but not having to go to Court.....yet.
I wish you the best and it will be a very tough row to hoe.
For the first year that I had legal guardianship, I did it long distance, since they lived in Oklahoma, and I live in Washington State. The courts allowed me to be reimbursed for all expenses, legal and otherwise, out of my parents finances. Legal guardianship doesn't have to be renewed yearly, but I do have to give an accounting of my parents bank accounts and answer for all monies spent.
I agree with what was already recommended. Get an elder attorney.
This is something that you really should discuss with an Elder Care Attorney. I had Guardianship for my Husband and it is a pain in the @$$. I would avoid it if possible. It is an expensive way to go and there is a lot of paperwork involved.
I filed in January and my court date is in April (St. Clair County, Michigan).