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As his guardian, you are responsible for using his money to maintain his home while he is living in it and the arrange for it to be prepared for sale should that be needed.
You are not responsible for spending your own money on the up keep, nor are you required to physically do the work. You can hire people with Dad's funds to perform the tasks needed to maintain the home.
Do you know what is in his will. A friend spend a great deal of time & money over the years to maintain & repair parents home. Money in a joint account. She was to vet the house and bank accounts after death....but never was declared Guardian. So weeks before. Her mom died a sibling had her taken to Elder Care Attorney and wrote new will and trust. She was not even allowed access to the house for the funeral, which is when she found out. She had MPOA but sibling ( an RN) got mom to sign a new one...she was not competent for years but could appear to be in spurts. So while out of state my friend could not get details on her mother's condition and was last to know she had died. Her personal belongings were in the home from years of spending summers and holidays there, but refused access.
So keep the lights on, and keep house inhabitable. Get a 2nd mortgage to do so, is you must/can.
Since you have guardianship over your dad, can it be assumed he has some level of cognitive compromise? Are there any caregivers coming and going during the course of the day? I guess I'm asking why are you keeping him in his home IF he is compromised and IF no one is tending to him on a daily basis (other than yourself)? Sometimes when our LOs make requests like this (to age in place), they have no real idea what they are signing you up for. You are under no obligation to honor such a request if it is more than you are willing and able to bear.
Also, if he is in a home alone by himself all day long, that is a socially sterile environment for him. One benefit of being in a good facility is the human contact. If the house upkeep is financially untenable, this is also another reason to move him. I hope this gives you some clarity and perspective!
As guardian you are responsible to see that your dad is housed and cared for whether in his home or a facility. If you are also conservator you can use dads money to do so. If you chose to keep him home the home must be suitable and safe and you can use his money for repairs or remodel.
You accepted guardianship of your father and that does come with a lot of responsibility.
I noticed your question was included under home modification. What modifications does he need? Is living there really the best thing for him? What concerns about the home do you have?
As long as he's living there, it seems to me that you must use his money to maintain his home both inside (safe, clean) and outside (safe, clean, community/HOA standards). If he runs out of money, you can sell the house, pay creditors, and use the proceeds for a new place for him to live that meets his needs.
Levens, if you are dad's guardian, it is YOU who decides where dad lives. That's because a court has decided that dad no longer has the mental capacity to make good decisions that are in his best interests.
So, "dad has decided" is a non-starter. You are the decision maker now.
To obtain guardianship, you had to prove Dad incompetent. Which means he can no longer make informed decisions. You make them for him. I doubt if he is capable of being on his own. Where is he living now? You will just need to tell him that moving back to his home is not an option especially if he can't afford it. As guardian u are in charge of his money. None of your own should be used for his care. If he can't afford it, he can't do it. My suggestion is to get the house sold for Market value and put the money away for his care. Medicaid requires Market Value.
Market Value is hard to get in a distress sale, which this would be. Also beware that it must be an "arm's length" transaction! A sale to a family member would Not be Arms Length and Medicaid will look for difference between what you get and Their Market Valuation to be paid before they start covering expenses. Better to apply for Medicaid now, then sell. Be sure to know how this works in your father's state!
I would only add that in our case there were limits on how much of her money I could spend on a monthly basis. These limits were mandated by state of Nevada laws. If Luz had an unusual or excessive expense I had to obtain court approval to spend the excess. As we lived together in our jointly owned property I personally took care of what she routinely needed such as transportation,food and shelter. Her needs for protective underwear and bed pads were charged to her account. Nevada laws are very strict on how money may be spent. This is to protect the protect person assets. If I had requested in the beginning for funds for dining out, entertainment, normal wear and tear of her clothing, it could have been approved. I would suggest you check with an attorney or you local agencies on how much you may need to spent. That is just a CMA thing. Above all be sure to keep all receipts. Best of luck and I hope this helps you with this question.
Identifying a handyman can be tricky. Depend on those who’ve had a good experience with one. If you or Dad have a church family, many times they can plug you into their maintenance staff who care for the church property.
If you cannot care for the home and he does not have the money to pay upkeep, I suggest you sell it and get a condo or put him in a nursing home. Hiring yard maintenance is not cheap. I am my own homeowner and I got rid of every single tree and shrub..less plants the better. I also use liberal amounts of ROUND UP. Trees can really mess up the sewage system, fall on houses, clog up rain getters, etc.
Someone is responsible for your father's home. I oversee my mother's home maintenance. I do the raking in the fall, but in the spring and summer I have a mom & pop company do the mowing. It's about $100 a month.
As guardian decision making has been transferred to you. You have to make the best decisions for his care and safety. You aren’t required to use your resources.
No, you are not. But if the house will be yours when he passes, you might want to invest in the upkeep if he won't or can't. Or see if he would sell it and use the money for a place for him where they can take care of him.
Are you the recipient of his belongings after he is gone? If so, you will want to keep the home maintained for safety and for future selling for the best price--or for yourself if you're staying/moving in to it. There are things you can do both inside and out just so you don't become bored and/or lazy. It will save money and get you exercise. What you can't do can be farmed out. I just described what I do.
You are responsible to maintain it using HIS funds to do so. If he does not have the funds to maintain the house and property then you have the ability to sell what can be in order to keep him safe, cared for. BUT anything that you do will have to be approved by the court. General maintenance would not be a problem. If you have to have a bathroom redone in order for him to get a wheelchair in, a roll in shower, things like that would have to be approved prior to doing work. Selling the house falls into a whole other category and, at least in my case, there were only a few Real Estate Agents that wanted to "follow the rules" the court required. So please check that out before you place any real estate on the market. But again to answer the upkeep question You use HIS funds to maintain the property
If your father is expected to return to the home, you will need to keep in good condition. You can use his money if he has any. If it requires a lot of your own money or if your father is never going to be able to return to live there, it makes sense to sell.
Guardianship doesn't give you the right to sell as long as he is alive. Since you have guardianship, I would "think" that you "might" be expected to maintain but this doesn't mean out of your own pockets.
I believe you would be responsible to see that the house remains livable - ie: heat, water & electricity and the roof doesn't leak, no holes in walls/floors and fumigation if needed for bugs/rodents.
For more information, get in touch with an Elder Attorney or even Legal Aid.
I have guardianship of my dad and he still lives in his own home. He is 93 years old and has no business living there. I refuse to put to put money (his) into that house, as whoever buys it eventually will probably tear it down. It is old and has issues. He has a friend who mows his lawn. I do not 'empower' him to live there. I don't make it easy for him, as I badly want to move him. I will be requesting letters from his doctors this fall/winter to present to the court.
Most people want and prefer to die in their own home, even if very compromised. Your attitude expresses your frustration, but doesn't address your Dad's needs/wishes or desires if it is truly to die at home. Suggest getting him some home support, before the trauma of re-location... too many of the facilities are disgusting and neglectful... not all, but the industry has a bad reputation. Try putting yourself in Dad's shoes, and see where and how you'd prefer to live out your last days.
Guardianship just means you are helping him handle things he no longer can. If he were still on his own without guardianship, he would live there - clean house - mow the yard - keep the house in livable condition with his income. You should be doing the same as you manage the details of his life. So it comes down to, can he afford to have someone clean the house, mow the yard, fix broken things, etc? If he cannot do any of these things for himself - it has to be done by someone. If there are major issues that make the house dangerous, and no money for repairs, then maybe time to move. -Should he pass today, how would you benefit from the house??? Might be a good question to think about and help with decision about cleaning/repairs, etc
Teddygough, Since I only applied for guardianship the answer to your question is yes. She was to far gone with the dementia for me to try to get any type of POA. I also wanted to protect her from the "professional" guardians since we (the state and families) were having trouble with them at the time. I failed to mention that the laws require any account with a balance of $10k be blocked. I could only deposit money into it. I could not remove any funds from her savings with out court approval and an invoice from the company doing the billing. Almost all of her SS money was saved in the checking account she had used and when it reached near the $10k balance I would transfer funds into her savings account. I was planing on future needs for her care in a SNF. All of this was reported to the court in the annual report to the court. I might add that I could not move her without notifying the court of a change in her address , whether that was within the state or a move to another state.
If you are curious about any type of POA, you need to read just what the POA's allows and if there are anylaws in your area regulate them.
I thought guardianship gives you the legal power to make decisions about where he lives, and gives any type of housing or care facility you choose the legal power to keep him there against his wishes. If you are not using guardianship to make decisions about where he lives--why did you get guardianship?
I was perplexed by some comments as well. Understanding guardianship (and POA as some think this gives you the power of god, and it doesn't!) is important. Because of this, I did a quick lookup.
Guardianship apparently can vary a lot, depending on what the court orders:
As I replied to Babs75: Out of curiosity I looked up what guardianship entails and was surprised to read that it can vary, depending on what the court determines is necessary (Guardians are granted only those powers necessary to accomplish what the disabled or incapacitated person cannot accomplish independently. From https://family.findlaw.com/guardianship/guardianship-of-incapacitated-or-disabled-persons.html)
It might be a good idea to review what the court ordered in your father's case AND perhaps have that reviewed at your annual "accounting." Document everything and perhaps they can revise what your capabilities are.
I am transcribing the following which came from a paper about guardianship: "A guardianship for an incapacitated senior will typically arise where someone determines that a senior has become unable to care for their own person and/or property. In some cases, there may be a belief that the senior is being financially exploited or about to be exploited. In other cases, the person may be unable to care for him or herself and is not able to properly engage in the activities of daily living without assistance. There will typically be a precipitating incident that causes a professional, family member, health care worker or clergyman to initiate guardianship proceedings." "In most states, the process will start with a determination whether the alleged incapacitated person is actually incapacitated. There will often be an evidentiary hearing.[1] Only if a finding of incapacity is made will the next step take place: whether a guardian is necessary and to what extent (e.g. a guardian may be needed for the person's finances but not for the person) and, if so, who the guardian should be.[2] The determination of whether a guardianship is necessary may consider a number of factors, including whether there is a lesser restrictive alternative, such as the use of an already existing power of attorney and health care proxy.[3] In some cases, a guardianship dispute can become quite contentious, and can result in litigation between a parent and adult children or between different siblings against each other in what is essentially a pre-probate dispute over a parent's wealth. Stopping the guardianship is often pursued in such cases as well."
Guardianship has fiduciary ramifications, meaning responsibility for the subjects investments, property and business if applicable. It is a court appointed position, and if you have not been through the above, you are not a guardian and you should not identify yourself as one, because there would be misunderstandings and risks to you. If he requires a guardian, assuming he is being discharged by a rehab facility or something like that, you should get a bank to take that responsibility.
You are responsible for your fathers safety and well being. So short answer is yes, it is up to you to make sure his place of residence is clean and safe for him to navigate inside as well as outside. If you can not do the necessary work to keep him safe in his home then you must either hire someone to do the work for you or you must move him somewhere else where his basic needs are met. Your own money does not need to be spent to do this. It is his financial responsibility if he has the means. If he does not, then it is up to you to connect him with some sort of assistance that is available through Medi-cal or similar institutions. Think of this time in your life as your opportunity to repay the sacrifices made by your parents to ensure that you were cared for and kept safe while you grew up and eventually were able to stand on your own two feet. Our parents gave us 18 years of love and support before we were able to make it in this world without their support. This is the very least that we can do to help them as their bodies begin to fail and they are not able to take care of their own needs. Old age is the cruelest stage of our life in my opinion. It reduces us back down to being frail, weak and helpless to survive without help from someone else. It very much is a "Circle of Life".
Yeah, I wish my parents gave me anything besides life littlesister. Then I got to hear for 16 years how I should have never been born. Wonder how you think I should pay that back?
Dad was granted use of a personal checking account through the conservatorship because he wants to continue to pay all the monthly bills on his house. The caregivers help him with his checks and they take them to the post office together. He has cash to pay for his groceries, lawn service, gas for the cars (the caregivers drive his cars). He told me again yesterday he is going to his attorney today (whom I have already warned) to make sure that no one touches his pension check. It's a big deal for him. For me, it's just an address change away and WWIII. I have keys to the cars but he will barricade himself in front of the garage if he has to so no one will take his cars. He will not let me in the garage alone. I work 2 blocks from a Toyota dealership. I could easily take his car to my house and drop it off on the way to work and have it serviced but he will not allow me to leave his house alone with his car for fear he will not get it back. His paranoia is awful.
He is responsible for cost, you who presumably want him to live in reasonable conditions are responsible for ensuring he does so. You are his guardian you have to look after him.
She can only do what the court has granted. I was also confused by this, but checked the following: https://family.findlaw.com/guardianship/guardianship-of-incapacitated-or-disabled-persons.html
In there, it states "Guardianships are limited as much as is reasonable in order to allow wards to exercise as much control over their lives as possible while maintaining as much dignity and self-reliance as possible. The desires of the wards are given primary consideration. Also, wards are allowed to do as much of their own caregiving as is physically and mentally possible."
From some of Babs75 responses, clearly she was not granted much oversight, has no access to the house/cars and limited access to funds. The profile only indicates age related decline, no dementia, so I can see from all of this that her hands are tied! Documenting everything and perhaps requesting more oversight during her court review would be advised.
Again, I was not aware that guardianship could vary so much! I have advised others about POAs, as many suggest getting/using it because they think these give you absolute power over the principal - they do NOT. Personal experience: We needed to move mom to MC, she refused to even consider moving ANYWHERE and EC attorney told us we could not force her to move, suggesting guardianship. Facility chosen would not accept a "committal", so we had to come up with plan C (a ruse to get her to reluctantly agree to move, which, at least in her mind, was temporary.)
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As his guardian, you are responsible for using his money to maintain his home while he is living in it and the arrange for it to be prepared for sale should that be needed.
You are not responsible for spending your own money on the up keep, nor are you required to physically do the work. You can hire people with Dad's funds to perform the tasks needed to maintain the home.
She was not even allowed access to the house for the funeral, which is when she found out. She had MPOA but sibling ( an RN) got mom to sign a new one...she was not competent for years but could appear to be in spurts.
So while out of state my friend could not get details on her mother's condition and was last to know she had died. Her personal belongings were in the home from years of spending summers and holidays there, but refused access.
So keep the lights on, and keep house inhabitable. Get a 2nd mortgage to do so, is you must/can.
Good luck!
Also, if he is in a home alone by himself all day long, that is a socially sterile environment for him. One benefit of being in a good facility is the human contact. If the house upkeep is financially untenable, this is also another reason to move him. I hope this gives you some clarity and perspective!
I noticed your question was included under home modification. What modifications does he need? Is living there really the best thing for him? What concerns about the home do you have?
As long as he's living there, it seems to me that you must use his money to maintain his home both inside (safe, clean) and outside (safe, clean, community/HOA standards). If he runs out of money, you can sell the house, pay creditors, and use the proceeds for a new place for him to live that meets his needs.
So, "dad has decided" is a non-starter. You are the decision maker now.
You will just need to tell him that moving back to his home is not an option especially if he can't afford it. As guardian u are in charge of his money. None of your own should be used for his care. If he can't afford it, he can't do it. My suggestion is to get the house sold for Market value and put the money away for his care. Medicaid requires Market Value.
Better to apply for Medicaid now, then sell. Be sure to know how this works in your father's state!
What upkeep are you questioning.....curious....is it something complex (replacing a roof) and or not-so- complex (painting vs. vacuuming)?
Does your father have the funds to pay for repairs?
If Luz had an unusual or excessive expense I had to obtain court approval to spend the excess.
As we lived together in our jointly owned property I personally took care of what she routinely needed such as transportation,food and shelter. Her needs for protective underwear and bed pads were charged to her account.
Nevada laws are very strict on how money may be spent. This is to protect the protect person assets.
If I had requested in the beginning for funds for dining out, entertainment, normal wear and tear of her clothing, it could have been approved.
I would suggest you check with an attorney or you local agencies on how much you may need to spent. That is just a CMA thing.
Above all be sure to keep all receipts.
Best of luck and I hope this helps you with this question.
If he does not have the funds to maintain the house and property then you have the ability to sell what can be in order to keep him safe, cared for.
BUT anything that you do will have to be approved by the court.
General maintenance would not be a problem. If you have to have a bathroom redone in order for him to get a wheelchair in, a roll in shower, things like that would have to be approved prior to doing work.
Selling the house falls into a whole other category and, at least in my case, there were only a few Real Estate Agents that wanted to "follow the rules" the court required. So please check that out before you place any real estate on the market.
But again to answer the upkeep question You use HIS funds to maintain the property
Since you have guardianship, I would "think" that you "might" be expected to maintain but this doesn't mean out of your own pockets.
I believe you would be responsible to see that the house remains livable - ie: heat, water & electricity and the roof doesn't leak, no holes in walls/floors and fumigation if needed for bugs/rodents.
For more information, get in touch with an Elder Attorney or even Legal Aid.
Since I only applied for guardianship the answer to your question is yes. She was to far gone with the dementia for me to try to get any type of POA.
I also wanted to protect her from the "professional" guardians since we (the state and families) were having trouble with them at the time.
I failed to mention that the laws require any account with a balance of $10k be blocked. I could only deposit money into it. I could not remove any funds from her savings with out court approval and an invoice from the company doing the billing.
Almost all of her SS money was saved in the checking account she had used and when it reached near the $10k balance I would transfer funds into her savings account. I was planing on future needs for her care in a SNF.
All of this was reported to the court in the annual report to the court.
I might add that I could not move her without notifying the court of a change in her address , whether that was within the state or a move to another state.
If you are curious about any type of POA, you need to read just what the POA's allows and if there are anylaws in your area regulate them.
Guardianship apparently can vary a lot, depending on what the court orders:
As I replied to Babs75:
Out of curiosity I looked up what guardianship entails and was surprised to read that it can vary, depending on what the court determines is necessary (Guardians are granted only those powers necessary to accomplish what the disabled or incapacitated person cannot accomplish independently. From https://family.findlaw.com/guardianship/guardianship-of-incapacitated-or-disabled-persons.html)
It might be a good idea to review what the court ordered in your father's case AND perhaps have that reviewed at your annual "accounting." Document everything and perhaps they can revise what your capabilities are.
"A guardianship for an incapacitated senior will typically arise where someone determines that a senior has become unable to care for their own person and/or property. In some cases, there may be a belief that the senior is being financially exploited or about to be exploited. In other cases, the person may be unable to care for him or herself and is not able to properly engage in the activities of daily living without assistance. There will typically be a precipitating incident that causes a professional, family member, health care worker or clergyman to initiate guardianship proceedings."
"In most states, the process will start with a determination whether the alleged incapacitated person is actually incapacitated. There will often be an evidentiary hearing.[1] Only if a finding of incapacity is made will the next step take place: whether a guardian is necessary and to what extent (e.g. a guardian may be needed for the person's finances but not for the person) and, if so, who the guardian should be.[2] The determination of whether a guardianship is necessary may consider a number of factors, including whether there is a lesser restrictive alternative, such as the use of an already existing power of attorney and health care proxy.[3] In some cases, a guardianship dispute can become quite contentious, and can result in litigation between a parent and adult children or between different siblings against each other in what is essentially a pre-probate dispute over a parent's wealth. Stopping the guardianship is often pursued in such cases as well."
Guardianship has fiduciary ramifications, meaning responsibility for the subjects investments, property and business if applicable. It is a court appointed position, and if you have not been through the above, you are not a guardian and you should not identify yourself as one, because there would be misunderstandings and risks to you. If he requires a guardian, assuming he is being discharged by a rehab facility or something like that, you should get a bank to take that responsibility.
Think of this time in your life as your opportunity to repay the sacrifices made by your parents to ensure that you were cared for and kept safe while you grew up and eventually were able to stand on your own two feet.
Our parents gave us 18 years of love and support before we were able to make it in this world without their support. This is the very least that we can do to help them as their bodies begin to fail and they are not able to take care of their own needs. Old age is the cruelest stage of our life in my opinion. It reduces us back down to being frail, weak and helpless to survive without help from someone else. It very much is a "Circle of Life".
The court granted guardianship because he is no longer competent to handle money.
Why do you need his permission to make a car key? Why do you need (or think you need) permission to service his car?
https://family.findlaw.com/guardianship/guardianship-of-incapacitated-or-disabled-persons.html
In there, it states "Guardianships are limited as much as is reasonable in order to allow wards to exercise as much control over their lives as possible while maintaining as much dignity and self-reliance as possible. The desires of the wards are given primary consideration. Also, wards are allowed to do as much of their own caregiving as is physically and mentally possible."
From some of Babs75 responses, clearly she was not granted much oversight, has no access to the house/cars and limited access to funds. The profile only indicates age related decline, no dementia, so I can see from all of this that her hands are tied! Documenting everything and perhaps requesting more oversight during her court review would be advised.
Again, I was not aware that guardianship could vary so much! I have advised others about POAs, as many suggest getting/using it because they think these give you absolute power over the principal - they do NOT. Personal experience: We needed to move mom to MC, she refused to even consider moving ANYWHERE and EC attorney told us we could not force her to move, suggesting guardianship. Facility chosen would not accept a "committal", so we had to come up with plan C (a ruse to get her to reluctantly agree to move, which, at least in her mind, was temporary.)