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Old 03-02-2019, 03:23 PM
 
686 posts, read 630,967 times
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Has anyone here ever heard of petitioning a court to appoint a guardian for an elderly parent? Not to appoint herself guardian, but to appoint a lawyer guardian both of the person and the finances of the elderly parent?

The reason is that the adult child has siblings who would make her life miserable if she were the guardian.
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Old 03-02-2019, 08:48 PM
 
Location: Wonderland
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Yes, I've heard of this. It's an expensive option but it is an option in some cases.
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Old 03-02-2019, 08:51 PM
 
686 posts, read 630,967 times
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Originally Posted by KathrynAragon View Post
Yes, I've heard of this. It's an expensive option but it is an option in some cases.
You mean expensive for the elderly parent, right? Not the petitioner? Or both? Would it cost about the same as petitioning to be guardian yourself?
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Old 03-02-2019, 09:01 PM
 
Location: Wonderland
67,652 posts, read 60,472,107 times
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Originally Posted by Jesseco View Post
You mean expensive for the elderly parent, right? Not the petitioner? Or both? Would it cost about the same as petitioning to be guardian yourself?
Well, someone has to pay for the oversight. A guardian offers quite a bit of oversight and they charge for it.

I am not sure where they get the money - probably from whoever can pay for it - LOL.
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Old 03-02-2019, 09:06 PM
 
686 posts, read 630,967 times
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Originally Posted by KathrynAragon View Post
Well, someone has to pay for the oversight. A guardian offers quite a bit of oversight and they charge for it.

I am not sure where they get the money - probably from whoever can pay for it - LOL.
Thank you. LOL - it wouldn't be from me!
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Old 03-02-2019, 09:13 PM
 
Location: Wonderland
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Originally Posted by Jesseco View Post
Thank you. LOL - it wouldn't be from me!
OK, honestly, I think the legal first option is to collect the payment from the funds of the person they are the guardian over. But it really is a big hassle.

I don't know what the size of the estate is. Has anyone looked into a trust and trustee situation? They generally charge 1 percent or so of the size of the estate per year. To me that seems reasonable.

But they only make financial decisions.
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Old 03-02-2019, 10:01 PM
 
686 posts, read 630,967 times
Reputation: 1490
Quote:
Originally Posted by KathrynAragon View Post
OK, honestly, I think the legal first option is to collect the payment from the funds of the person they are the guardian over. But it really is a big hassle.

I don't know what the size of the estate is. Has anyone looked into a trust and trustee situation? They generally charge 1 percent or so of the size of the estate per year. To me that seems reasonable.

But they only make financial decisions.
No, I don't know anything about looking into a trust and it's probably too late at this point. I wish I had known to do what you did with your family - let them know that you will help out only if given the proper tools so you wouldn't have to be overly involved with your brother.

None of my parents' children were given the proper tools and we have a few siblings who are pretty much impossible to work with. We really need a third party to take over soon.
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Old 03-03-2019, 06:46 AM
 
Location: Wonderland
67,652 posts, read 60,472,107 times
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Originally Posted by Jesseco View Post
No, I don't know anything about looking into a trust and it's probably too late at this point. I wish I had known to do what you did with your family - let them know that you will help out only if given the proper tools so you wouldn't have to be overly involved with your brother.

None of my parents' children were given the proper tools and we have a few siblings who are pretty much impossible to work with. We really need a third party to take over soon.
Ugh, it sounds like it. And you may be in for a legal fight because it's a lot more difficult to get things lined out without tools than it is with tools. My husband and I have done it both ways, between his family and mine. One good thing that came out of our fiasco with his dysfunctional family (and no tools) was that at least we learned a lot and were able to convince MY mom and dad to give us the tools we needed before it was too late. So at least in your family you can be sure the NEXT generation has those tools. Live and learn - but it sure does suck.
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Old 03-03-2019, 08:06 AM
 
686 posts, read 630,967 times
Reputation: 1490
Quote:
Originally Posted by KathrynAragon View Post
Ugh, it sounds like it. And you may be in for a legal fight because it's a lot more difficult to get things lined out without tools than it is with tools. My husband and I have done it both ways, between his family and mine. One good thing that came out of our fiasco with his dysfunctional family (and no tools) was that at least we learned a lot and were able to convince MY mom and dad to give us the tools we needed before it was too late. So at least in your family you can be sure the NEXT generation has those tools. Live and learn - but it sure does suck.
Indeed!
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Old 03-03-2019, 08:43 AM
 
Location: Wonderland
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Yeah I especially hate those sorts of life lessons - you know, those you have to learn by living (surviving) through them. Those are the WORST! LOL
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