Guardianships

• Article - Conservatorship and Adult Guardianship: A Beginner's Guide

  When and how to appoint a conservator, or adult guardian, for your parent if she can't make important health and financial decisions for herself.

Blog Posts

• Blog Post - My mother gave power of attorney to her new husband, who is putting her life in danger. How can we get it away from him?

  My mother's new husband has power of attorney for her, but I feel he puts her life in danger. How can we get her to reappoint power of attorney?

• Blog Post - How can I stop my brother from taking power of attorney for my mother away from me?

  I'm having problems with my brother and his family...

• Blog Post - How much say do I have in determining who is guardian over me and my affairs?

  Do I have any rights in determining my care and who...

• Blog Post - I need to rescue my grandmother!

  What to do if you want to take care of an elderly family member at home, but her legal guardian has put her in a nursing home.

Questions & Answers

• Question - What's the difference between a guardianship and a conservatorship?

  What's the difference between a guardianship and a conservatorship? I want to know because my elderly parent refuses to sign a power of attorney.

• Question - How can I get emergency guardianship of my adult son who has a mental illness?

  Guardianships may be a bit worky to establish, but they can help guard against medical care that is not a good fit.

• Question - Can my stepson petition for guardianship of my husband?

  While anyone can file a request to be named a legal guardian or conservator, a court will decide whether that's in the elderly person's best interests.

• Question - How can I get a guardian removed from the position?

  You will need to mount a fullscale legal attack to get a guardian or conservator removed from the position.

• Question - How long does a legal guardianship last, and how can I get access to my mother's medical records?

  After a legal guardianship or conservatorship ends, medical privacy laws can make it tough to find out information about procedures you suspect went wrong.

• Question - Is it possible for my sister and I to apply for dual guardianship of our mother?

  Unanswered. Can you help?

• Question - How can I get affordable legal help with a guardianship?

  Local courts and special interest groups may help point the way to affordable legal help with conservatorships or guardianships.

• Question - How can I get guardianship over my mother in order to add her to my health insurance?

  Can I get guardianship over my parent to add her to my health insurance? Getting guardianship isn't easy, and your insurance might not cover her.

• Question - What is the difference between a guardianship and a conservatorship?

  Whether there is a difference between a conservatorship and guardianship may depend on where you live.

• Question - How do I gain power of attorney over my mother against her will?

  It may not be possible to secure a power of attorney if a parent refuses to authorize one; such situations may call for more drastic measures.

• Question - How do I go about getting a conservatorship?

  Unanswered. Can you help?

• Question - How do I make my two daughters guardians of their sister if I can't serve?

  A specific legal arrangement allows you to designate others to act as back-up guardians in emergenicies.

• Question - Is guardianship recognized across state lines?

  It's most important that a guardian or conservator know the best interests of the person who needs help, but practical problems can arise where there is a geographical divide.

• Question - We have had shared guardianship of my grandson with my...

  Unanswered. Can you help?

• Question - How can I legally get payment from my mother -in-aw for a property we co-own?

  When an adult who has dementia is no longer paying bills, it’s time to get some legal device in place so someone else can manage the finances.

• Question - Can adult children be sued by relatives for failure to take care of their parent?

  Unanswered. Can you help?

• Question - How do we get guardianship of my mother-in-law, who lives in a care facility and is out-of-state?

  This question has been answered by a Caring.com Expert

• Question - How do I get legal guardianship of an adult son who cannot live independently?

  The first best stop for more information about a guardianship may be the local probate court.

• Question - How can I help my father, a paraplegic and alcoholic, who is refusing all assistance?

  It may take a legal or psychological intervention to help an alcoholic parent who is on a self-destructive path.

• Question - How do I become my adult child's legal guardian?

  Once a child becomes a legal adult, a parent needs to secure a guardianship or conservatorship to be authorized to continue making decisions about care and finances.

• Question - Can a durable power of attorney be made irrevocable?

  Powers of attorney may be something that's even better than irrevocable: They're flexible.

• Question - Are guardians required by law for mentally incompetent elders?

  There has to be some pretty good evidence of neglect or mismanagement before a court will require a legal guardian or conservator.

• Question - Do I have any legal rights over my sister who is an alcoholic and neglects to eat or take her medicine for her Type 1 diabetes?

  Unanswered. Can you help?

• Question - Can I safeguard my mother even if I'm not designated her guardian?

  The first step is to see what actual legal authority your brother has to act. The second is to take action to do or undo the situation.

• Question - How do I get my former stepfather out of the VA mental hospital?

  Unanswered. Can you help?

• Question - Is CPP, OAS or Veteran's Disability Pension classed as income to be used in calculations for 5% to be paid to the Guardian and how ofter is this 5% paid?

  This question has been answered by a Caring.com Expert

• Question - When should my husband relinquish the checkbook?

  This question has been answered by a Caring.com Expert

• Question - How do I set up a business as a guardian for the elderly?

  Courts do use professional guardians and conservators, but it's not easy to break into the business.

• Question - Is there any software available to help track and organize yearly costs for a guardian taking care of a parent?

  The biggest challenge in tracking guardianship expenses may be to focus on the categories to include.

• Question - What can we do to allow adult children to see their mother?

  Unanswered. Can you help?

• Question - As my father's guardian, am I responsible for his financial needs if he is unable to meet them?

  There are a few situations in which a guardian or conservator may be personally liable for debts, but they are rather rare and obvious.

• Question - How can a durable power of attorney be ended?

  Someone appointed to act in a power of attorney document usually has the job as long as he or she is willing and able to do it.

• Question - How do we deal with my brother who has taken over our mother's life and finances, convincing her we don't care anymore?

  If a personal visit doesn’t work to sooth ruffled family feathers about caretaking, the next stop may be court for a guardianship.

• Question - Is a conservatorship formed in Arizona valid in Utah?

  Some states provide excellent free help and advice on guardianships and conservatorships -- perhaps taking pity on those who invest time, money, and angst in the process of securing them.

• Question - How much money is allotted for burial services?

  How and how much a public conservator will pay for burial services depends on where you live.

• Question - If I were to buy my mother's property, how would that affect her Medicaid eligibility?

  Unanswered. Can you help?

• Question - What steps are required to get a conservatorship?

  This question has been answered by a Community Member

• Question - Do I need to take legal steps to take over my sister's finances?

  You must follow some types of formalities before taking over another person’s finances; the law keeps a close eye on such arrangements.

• Question - With both my parents in the hospital, how can I pay their bills?

  This question has been answered by a Caring.com Expert and a Community Member

• Question - How old must a child be to get money at a parent's death?

  Money left to a minor will usually be managed by an adult until that child legally becomes an adult, too.

• Question - How do I handle finances when I share POA with my sister and both parents have dementia?

  This question has been answered by a Caring.com Expert

• Question - Can you transfer power of attorney in late-stage Alzheimer's?

  A power of attorney generally cannot be transferred once the principal is incapacitated.

Tips & Reflections

• Tip - Final Arrangements: A Will Is Not the Way

  Why your parents' end-of-life preferences should be discussed in advance, not written into their will.