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L
leesegee Asked August 2019

Do my creditors have the right to go after my elderly ward's finances?

I do not want to file for guardianship if this will happen.

JoAnn29 Aug 2019
If you have outstanding debts, you personally can't afford the cost of guardianship. You may be able to use the persons money for this but then they have to have it.

I would also think twice about caring for a friend with Dementia. It gets worse. If u try to care for them in a home setting, it can be a 24/7 job.

Where is this persons family? Its their responsibility to get them what they need. They don't need to do hands on caring but should set up what is needed for their care.

igloo572 Aug 2019
Lee - your not actually appointed by the court legal guardian? So the “ward” situation, how is this being done..... like it’s an informal agreement?

I’d be more concerned that if you have serious debt issues, that you will NOT be considered suitable to be named a guardian by the court. Guardianships are usually heard in probate court and you should be asked to provide info on yourself, in detail as to income / assets / debts and your ability to be responsible for the ward. Otherwise judge will name an outside guardian from a list of vetted attorneys or others that have been approved by the state.

Some courts routinely run credit history on guardianship applicants & run them randomly on those currently named to be guardians.
If you know you personally have all sorts of financial issues, or anyone in your household has issues (like your kid living at your home has juvee issues or has any arrest / felony record), I’d forget about ever filling to be a guardian. Your not gonna pass the fiduciary duty & responsibility sniff test.

Could you get around this?, well maybe but likely court could require you be bonded. And it’s not the around the courthouse typical bail bondsman who does these. It’s specialty underwriting by an independent insurance agent; & these you pay in full a& upfront for.

if you have serious debt issues, things will surface eventually... You don’t want to ever place the elders finances in jeopardy. If your commingling $ or credit cards or other accounts, it runs risk of placing her in jeopardy.

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FrazzledMama Aug 2019
YOUR creditors can't, unless you personally are listed as a joint owner on any of the accounts, which I'm not sure is even allowed if you become guardian. Co-mingling of funds is not recommended in any case. I was my mom's guardian and all of her funds were placed into a guardianship account, with my name listed as guardian only, not an owner. All of her SS deposits went into that account and all of her bills and expenses were paid out of that account as well, and an accounting provided to the court.

Creditors could come after ward's funds for debts in ward's name but not for debts in your name as long as your funds are kept completely separate from ward's.

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