A parent starts to slip. One child holds the power of attorney. Another child shows up, has the parent sign new papers, and moves her across the country to live in the spare bedroom. The rest of the family is left asking whether Mom even understood what she signed, and whether she understood that she...KEEP READING

When a family fights over a guardianship for years, most people assume the fight ends when the loved one dies. The person who needed protecting is gone. What is left for the court to do? Quite a bit, as it turns out. A ward’s death ends the guardian’s authority over the person, but it does...KEEP READING

Mom gets sick. One of her kids drives in from out of state, packs a bag, and brings her home “just until things get sorted out.” A few months later another sibling takes her to a third state and says she is staying. Now three states each have some claim to her, and everyone wants...KEEP READING

It can be challeging to be a guardian. The process can be time consuming and expensive. This is particularly true when the ward needs funds for their care, but the funds are not liquid. This raises questions as to whether a guardian can just sell illiquid assets to pay for the wards care expenses? What...KEEP READING

Family members often monitor guardianship proceedings from a distance. They receive occasional updates about their loved one’s care. They might attend a hearing or two. They review court filings when they arrive in the mail. But they don’t formally oppose every motion or challenge every decision the guardian makes. Many assume they can always step...KEEP READING

Adult children sometimes find themselves caught between respecting their elderly parent’s romantic relationship and protecting the parent from financial exploitation. The parent might be dating someone new who suddenly appears to control all financial decisions. Large sums of money disappear from accounts that sat stable for decades. The parent makes uncharacteristic purchases or loans significant...KEEP READING

Wards who are in guardianships often receive social security benefits. These monthly payments are an important source of income that helps pay for the ward’s care, medical expenses, and daily needs. Questions arise about who should receive these benefits, who controls how they’re spent, and who must account for them to the court when there...KEEP READING

Family members sometimes create trusts for elderly parents as part of estate planning or to protect assets. An adult child acting under a durable power of attorney transfers the parent’s home, bank accounts, and personal property into a trust. The child names an attorney as trustee. Other family members become concerned. They question whether the...KEEP READING