Guardianships or conservatorships are sticky and you should get an attorney to represent you if you are planning on trying to be appointed as a G/C. If there are assets, then the G/C are paid from the assets. If you are concerned about an elder family member and there is no DPOA then you have the right to go to court to petition to become their G/C -- although that doesn't mean the arrangement will automatically come to pass. I believe this is done through Probate Court in all states. The good part about this is you will learn a lot how Probate runs if you become executor of the estate (LOL)
To be appointed a legal guardian, also called a conservator, you first need to file papers with the local court, clearly describing the person’s physical or mental condition and inability to make decisions. You will need qualified medical and social services type of documentation. The court will notify other family that the papers have been filed and that a judge will be deciding whether or not to grant the request. You will be asked to provide that list – don’t get cute and leave anyone off. Other family can file letters either supporting or contesting. You may be asked to provide your & your spouse's personal and financial data that is entered into public record. The court will X your name for police records. G/C is pretty serious.
As I said, this is sticky, you'll likely need to hire an experienced lawyer to help. To begin your search for the best lawyer for the job, contact the local bar association and ask whether it has a lawyer referral service that includes those who specialize in conservatorships or elder law. You can also contact the National Academy of Elder Law Attorneys for a referral to its members in your area.
The G/C judge does NOT have to appoint you or a family member as the G/C. If there is family friction, they will appoint an outsider to manage the elder's affairs and that person will be paid to do so out of the person’s assets. You really need to present a united front that is all kum-ba-ya on their care. If you don't, the Court has the right to remove them from all family members and make him a Ward of the State and appoint an attorney to do this. I've been executrix twice and learned & heard more about G/C than I ever needed to know - almost every time there was any family friction the judge appointed a temporary G/C who was an attorney & independent from the family. Personally & imho, unless there is a lot of $$$, being a G/C takes time & accountability. You don't make $ off of the situation.
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To be appointed a legal guardian, also called a conservator, you first need to file papers with the local court, clearly describing the person’s physical or mental condition and inability to make decisions. You will need qualified medical and social services type of documentation. The court will notify other family that the papers have been filed and that a judge will be deciding whether or not to grant the request. You will be asked to provide that list – don’t get cute and leave anyone off. Other family can file letters either supporting or contesting. You may be asked to provide your & your spouse's personal and financial data that is entered into public record. The court will X your name for police records. G/C is pretty serious.
As I said, this is sticky, you'll likely need to hire an experienced lawyer to help. To begin your search for the best lawyer for the job, contact the local bar association and ask whether it has a lawyer referral service that includes those who specialize in conservatorships or elder law. You can also contact the National Academy of Elder Law Attorneys for a referral to its members in your area.
The G/C judge does NOT have to appoint you or a family member as the G/C. If there is family friction, they will appoint an outsider to manage the elder's affairs and that person will be paid to do so out of the person’s assets. You really need to present a united front that is all kum-ba-ya on their care. If you don't, the Court has the right to remove them from all family members and make him a Ward of the State and appoint an attorney to do this. I've been executrix twice and learned & heard more about G/C than I ever needed to know - almost every time there was any family friction the judge appointed a temporary G/C who was an attorney & independent from the family. Personally & imho, unless there is a lot of $$$, being a G/C takes time & accountability. You don't make $ off of the situation.