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Do check into your state laws, though, if you think that this step is necessary. Be aware that it's not easy (nor should it be) to gain guardianship over an adult. It's also expensive (in most cases).
Take care,
Carol
It is expensive
It can be exhausting
It can be a paperwork nightmare
Every expense has to be documented, receipts must be saved, you have to go to court (I had to go every 6 months) and it might be possible that an expense you thought was one that could be paid for through the disabled persons account will be denied so you would not be reimbursed for that expense.
You will need to establish another account at the bank designated as a Beneficiary account and I could never transfer money from that account to mine to pay for items I had to go into the bank. (Supposedly they do not allow on line transfer to limit the possibility of misuse of funds)
I should have started my statement (tirade) by saying it depends on who you are going to be Guardian for (of)...for me it was my husband. I thought the process for a husband and wife to have to nit pick receipts and "charge" my husband a portion of the mortgage, electric, phone, gas, water, food bills in order to use "his" funds ridiculous. Now that the funds are pretty much gone other than Social Security I am no longer Guardian of the Estate but simply Guardian of the Person. But that still entails me having to file yearly with Social Security what his Social Security checks have been used for.
But if the Guardianship is for a parent, sibling, neighbor, friend then all this is necessary and I understand completely the reasoning behind the caution that is taken.
Just know that it can be a bit of a nightmare but nothing that can not be managed. And the Lawyers will help with paperwork. Just know the more they do the more it will cost you.
Oh...you will have to obtain a Bond equal to a % of the estate and that will have to be paid yearly...You will also be paying for a Court Appointed G.A.L. (Guardian ad Litem) Their job is to ensure that the disabled person is well treated, safe and you are doing your job. (I never saw ours except when we went to court..sure had to pay his bill though!)
1. The person loses all their rights.
2. Other family members can contest it.
3. As grandma 1954 mentioned - it is a lot of work, time comsuming and expensive.
4. The guardian has to live in the same state.
5. Get on line and look at the information the local courts have on guardianship.
I have POA - glad I didn't do guardianship and it has been much easier. As a grandma 1954 stated. You have to keep every receipt and go to court every 6 months for review. POA is much easier.
My only sibling and I had to file for guardianship of my mother in Georgia to stop her from sending money out of the country to scammers, get her to accept the round-the-clock oversight she needed, and unfortunately "remove" from her some rights that she could no longer use with good judgement. As he and I were agreed, the process was somewhat simpler. And in GA the filing of all the financial and personal information with the court must be done once/year, not every six months. We also did not have to have a Guardian ad litem; my mother was assigned a public attorney to represent her at the Guardianship hearing who did a marginal job and was not required for anything further.
To recap, other posts here tell the truth of it. If the one for whom you care is agreeable, POA's and other legal instruments for caring are the MUCH better option; guardianship should be a last resort. Inform yourself and good luck to you!