Carmen, if your husband doesn't go after guardianship the county will eventually pursue (and get) it (unless his mom passes away before she needs to go into a facility). This means your husband will have no control over what facility she goes into (or how far away) and what kind of medical care she receives. She will most likely go into a county facility into a Medicaid (shared) room. Your husband won't be privy to any of her information: he will be locked out of all her accounts and they will use her assets to pay for her care (of course) and after she passes he will receive an itemization of her care expenses and IF there are any assets leftover I'm not sure what happens in that case. Then they will cremate her without ceremony and send the ashes to your husband. This is how it went with us and our stepFIL when he refused to assign a PoA and we chose not to get guardianship for him (because he was a jerk his whole life up until the end). I'm just telling you because the cost that people have posted is a lot, but your husband needs to know the cost of NOT getting guardianship in order to make an informed decision. I wish you and your husband peace in your hearts as you make this decision.
Mine cost more than that because dad contested and his attorney had to be paid also. There is an annual attorney fee because they have to file the annual guardianship report. I am also financial conservator and there is an attorney fee for the annual accounting that they process with the county. All of these fees are paid for out of my dad's money. The attorney keeps a running total all year. I don't think they charge me for every phone call or email, however.
4 Answers
Helpful Newest
First Oldest
First
ADVERTISEMENT