Find Senior Care (City or Zip)
Join Now Log In
M
Martinl Asked August 2021

If the state becomes the guardian of someone, does that mean they take the belongings of that person? Home, auto, banking?

Would they place her in a nursing home since the person can’t care for themselves?

JoAnn29 Aug 2021
The reason the State takes over guardianship is because there is no family or what family there is cannot or will not care for the person. There is no previous POA or guardian. A Judge assigns a State appointed guardian. Yes, the guardian is now oversees any assets, the home, car, etc. To have a guardian, the person has to be found incompetent to make informed decisions. So yes, the guardian can place the person in a Nursing facility that the guardian chooses. Probably based on availability.

As Geaton said, in her instance the guardian did listen to input from family.

AlvaDeer Aug 2021
The guardian in such a case would be appointed by the state courts, and would make decisions with the doctors regarding need for placement, and would make decisions after gathering all information about assets what is the best way to handle the assets and expenditures; any applications for State and Federal aid if required would be handled by the guardian. The guardian is accountable to the courts, and would make all decisions; the family would not have input over decisions of where placed, or which assets to eliminate first. In best case screnario they may consult with family about where they live, and how they could best visit their relation.
This would, of course, be in the case of a person adjudged incompetent to be able to manage his or her own fairs, and to have input into decisions regarding their care and expenditures.
More information would help us give you more complete answers.

ADVERTISEMENT


Geaton777 Aug 2021
Yes, they will place her in a facility, based on needs, available rooms/beds and her financial resources (if she has any).

How guardianship works can differ by state, maybe even county. My experience was with Lutheran Social Services of MN. There was more than one guardian and a supervisor was copied on all email communications. They take control of the banking/assets and medical/healthcare and no one else has any further access or "visibility" into those accounts, you are locked out and not given any warning. The guardians will contact appropriate family members to ask about the ward's preferences (like taste in food, music, tv shows, etc). Other than that they manage everything. In my case my step-FIL had Parkinsons and was broke, so needed facility care thru Medicaid. At first the guardians had him is a facility that was 1 hr away, which meant we'd have to drive my MIL that distance for short visits. I'm sure it was a nicer, newer place but too far so we expressed this to them and he was moved to a much closer county facility, but it wasn't the best. He wasn't "cooperative" and was combative, so he was on the locked MC floor with no phone.

When he passed his wife was sent an accounting for how his SS funds were spent. His remains were sent for cremation and we were contacted about who was to receive them. He had lost the house to foreclosure, and had very few possessions of value, not even a car. But if someone is a ward of the county and requires Medicaid, and still has actual property/assets/valuables in their name at the time they become a ward, I would imagine there'd be a recovery process by Medicaid, but not certain. Others on this forum can answer that.
Cover99 Aug 2021
So guardian decides what happens to the body as well, such as funeral home, burial or cremation, etc?

ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter