When an elderly person cannot make responsible decisions any longer, the court can and will appoint a guardian to make sure financial and medical decisions can be made.
These are not cheap and do not expect them to happen quickly. “I can’t afford a guardianship” means you should not even be thinking of one. Stay away from these.
You will need massive documentation, both medical and financially, as well as prove your relationship.
There are different types of guardianships.
Emergency guardianship is different than a full guardianship (like what someone might obtain if a parent has Alzheimer’s disease, where the condition is ongoing).
Here’s an example situation: Your spouse had a stroke and cannot run the daily financial affairs of the business anymore. You can step in and make financial decisions and continue to make payroll.
How To Get Emergency Guardianship Of A Senior
To get legal emergency guardianship and get around numerous expenses and documentation, listen to this webinar if you are a member of our private Caregiver Freedom Club™.
Emergency legal guardians can be made in 24-72 hours.
Your emergency guardianship may be awarded for a few weeks so you may need to refile, which means added attorney and court fees.
Who Cannot Be A Guardian?
If you have been convicted of a crime or filed bankruptcy or are a minor under 18 you cannot be a guardian. The court will look or assign someone else.
What Are The Disadvantages Of Being A Guardian?
Expense. Not only do you take on a lot of responsibility, but you must be able to pay an attorney and court costs to get and keep this guardianship.
Guardianships can run from $10,000 – $18,000 in costs.
Better Choices when you can’t afford a guardianship.
Put all of this in their Last Will and Testament. Include who is willing to take over when they cannot handle financial and legal affairs anymore.
It’s a lot cheaper to make a will and health directive than to go to court!
Click here for the 31 LEGAL & FINANCIAL DOCUMENTS CHECKLIST every family member needs when taking care of a senior.
P.S. I am closing out an estate for a senior right now and the attorney wants the ORIGINAL (NOT a copy!!) document stating that the deceased is divorced from his first wife which occurred 37 years ago in another country! Before we can close the estate and get the money, these are the ridiculous items the courts and attorneys ask for. Beware. Be Smart. Be prepared!
Get the 31 LEGAL & FINANCIAL DOCUMENTS CHECKLIST here.