Two other minor things regarding my court appointed Guardianship:
I had to post a bond for the value of my Dad’s assets. That cost a couple of thousand dollars. Would not have been needed for a POA.
The guardianship was not transferable. I was in the military at the time and if deployed or incapacitated, my spouse could not legally assume the duties. A POA could be structured with an alternate (or have two POAs).
I was a guardian for my father due to Alzheimers. He had a diagnosis early, so I did have some time to prepare (almost four years). I did not use that time wisely. - Do a very detailed review of the finances. I knew my Dad's various accounts and locations, but when the time came, I didn't know from what account the mortgage payment was being made. Where was social security being deposited? What allotments are in place for his pension? Also expect that you will find odd things that they may find embarrassing. Be careful not to judge. - Something very helpful is to have an account at the same bank or financial institution as your relative. You know how things work and it is easier for the banks to authorize you. - Get a Power of Attorney (POA). This is critical. My Dad did not have one, so I had to get an appointment by the court. This came with very strict limitations. I had to do annual accounting. I could not commingle funds and had to have a separate guardian checking account. Everything had to be by check, not credit card. I could not be a payable on death beneficiary for any accounts (in my state). I had to get permission from the court to sell any property over $500. Additionally, businesses are familiar with POAs. They likely are not familiar with the court documents making you a guardian. - Along the same lines of a POA, some financial institutions do not recognize POAs and require you to use their form, or submit the POA with their form for advance approval signed by the account owner. Check with the institutions you will be working with. - Have a plan for the future when you are in complete control of the finances. Does it make sense to move accounts to a more user friendly institution? Do they have estate accounts that you can set up if necessary after death? Can you consolidate for simplicity? - For property, once you are in control and if the person is in assisted living and never coming home, start the process of selling off the car and preparing the home for sale. I was lucky in that there was no spouse and I had no siblings. I should have sold the home, but for reasons waited until after he died. Understand that home insurance intends for the place to be occupied, and if not may not cover vandalism or other issues. Also, change the locks on the house - you never know who has a key. - Get to know your relative's neighbors. Give them your contact info and tell them why they are concerned. Helpful neighbors were critical to knowing what was going on at the house. They can also let you know about behavior you aren't seeing. - Social Security will be a pain. Technically you need to apply to the SSA to get their permission to manage the Social Security funds of someone you are caring for. They don’t care about the Power of Attorney. You will have to provide accounting of how the money was spent (as if they give so much you will have anything left over from assisted living costs). If the individual is going into an assisted living situation, the facility can also apply to control the Social Security. - Make sure you have an Advanced Medical Directive on file. This will be critical when such decisions need to be made. - Research assisted living or home health care options. Do this now as you will have little warning when and if you need them. Research options if paying for this is a problem. - If you have siblings (i.e. beneficiaries of the relative's estate), talk to them and get buy in or objections to your plan. Better to have everything out in the open than to get the FedEx envelope from their attorney. Unfortunately, there will be a some urgency required in these preps. You will never know when the decline becomes such that you can't get a legitimate signature on a POA. A family doctor or relative could contest it. Life will also get in the way. My process was very sudden with the County Protective Services involved. You rarely will have the relative come to you at a convenient time asking for full time care.
Comments
Two other minor things regarding my court appointed Guardianship:
Post: Guardianship
Link to comment from December 8, 2025
I was a guardian for my father due to Alzheimers. He had a diagnosis early, so I did have some time to prepare (almost four years). I did not use that time wisely. - Do a very detailed review of the finances. I knew my Dad's various accounts and locations, but when the time came, I didn't know from what account the mortgage payment was being made. Where was social security being deposited? What allotments are in place for his pension? Also expect that you will find odd things that they may find embarrassing. Be careful not to judge. - Something very helpful is to have an account at the same bank or financial institution as your relative. You know how things work and it is easier for the banks to authorize you. - Get a Power of Attorney (POA). This is critical. My Dad did not have one, so I had to get an appointment by the court. This came with very strict limitations. I had to do annual accounting. I could not commingle funds and had to have a separate guardian checking account. Everything had to be by check, not credit card. I could not be a payable on death beneficiary for any accounts (in my state). I had to get permission from the court to sell any property over $500. Additionally, businesses are familiar with POAs. They likely are not familiar with the court documents making you a guardian. - Along the same lines of a POA, some financial institutions do not recognize POAs and require you to use their form, or submit the POA with their form for advance approval signed by the account owner. Check with the institutions you will be working with. - Have a plan for the future when you are in complete control of the finances. Does it make sense to move accounts to a more user friendly institution? Do they have estate accounts that you can set up if necessary after death? Can you consolidate for simplicity? - For property, once you are in control and if the person is in assisted living and never coming home, start the process of selling off the car and preparing the home for sale. I was lucky in that there was no spouse and I had no siblings. I should have sold the home, but for reasons waited until after he died. Understand that home insurance intends for the place to be occupied, and if not may not cover vandalism or other issues. Also, change the locks on the house - you never know who has a key. - Get to know your relative's neighbors. Give them your contact info and tell them why they are concerned. Helpful neighbors were critical to knowing what was going on at the house. They can also let you know about behavior you aren't seeing. - Social Security will be a pain. Technically you need to apply to the SSA to get their permission to manage the Social Security funds of someone you are caring for. They don’t care about the Power of Attorney. You will have to provide accounting of how the money was spent (as if they give so much you will have anything left over from assisted living costs). If the individual is going into an assisted living situation, the facility can also apply to control the Social Security. - Make sure you have an Advanced Medical Directive on file. This will be critical when such decisions need to be made. - Research assisted living or home health care options. Do this now as you will have little warning when and if you need them. Research options if paying for this is a problem. - If you have siblings (i.e. beneficiaries of the relative's estate), talk to them and get buy in or objections to your plan. Better to have everything out in the open than to get the FedEx envelope from their attorney. Unfortunately, there will be a some urgency required in these preps. You will never know when the decline becomes such that you can't get a legitimate signature on a POA. A family doctor or relative could contest it. Life will also get in the way. My process was very sudden with the County Protective Services involved. You rarely will have the relative come to you at a convenient time asking for full time care.
Post: Guardianship
Link to comment from December 7, 2025