anyone know how ya go about getting guardianship? I went to SS office today to change our dependants armed with DPA an SS office said they don't recognize DPA I would have to have guardianship,I assume a doctor an lawyer have to be involved but since its friday I can't talk to the attorney til monday.........if he isn't golfing
ol don--you are partially correct. You need an attorney to represent you to petition court to take Guardianship. There is process, and the court will appoint an ad litem (name for a court rep. for your DW), to verify that it's a valid need. The ad litem will verify/investigate the situation. At court, information is presented and the ad litem will advise as to his findings. Judge decides.
I didn't find it diffucult. There will be fees for the ad litem as well as your lawyer. Once in place you are officially responsible--the decision maker-- for your DW. I will file my 3rd annual Guardian's report to the court this year. Basically a recap of the care, Dr. appointments, etc. which have been done for my DH for the last year.
ol don--I'm not sure what you mean by guardianship, but here is my story. I thought that it would be a good idea if I had controll of my DH's Social Security benefits, so I had my Doctor write a letter saying that my DH was unfit to manage his financial affairs & then SS sent him a form to sign & then I was named the "representative payee" for my DH's Social Security benefits. BIG MISTAKE!!! Now I have to keep track of every penny that I spend on him & I have to report it yearly to SS. Then someone told me that I probably wouldn't have had to do that since we have a joint checking account & I manage the money anyway. Plus the fact that he hasn't had any dealings with our financial affairs for, well, forever. I'm sorry that I ever went that route.
don: Last month I had the same type of problem and my SS office told me to just get a letter from the doctor stating my DH's condition and the need for me to do the communicating with them and they could answer any questions I had and change any information regarding my DH's SS.
Elaine, don't fret over that Representative Payee report....it is very simple to fill out. I just zeroed it out every year.....so it showed nothing left.
SS designated me DH's Representative Payee when he received his award for Disability because of the nature of his disability (1988). He is now on regular SS and I continue to be his Rep. Payee. The yearly report is not a big deal. There is never enough income to allow us to save any. We use it all. I am sure they'd be questioning the need if we had to report significant savings.
Actually, unless Guardianship is set up to include Conservatorship (monetary type matters) it is for the care decisions for the LO.
well if they have to consult her three boys I'm sure it would just open a big can of worms,think I'll steer clear of that one,they've never done anything for her an I can just see them all "coming to the rescue"
ol don---I thought the same re DH's amily, ut the ones consulted were his Drs. and our Daughter. Ad Litem also had a visit with DH to personally be aware of his condition.
Now that I have it, I suppose, his family could petition to change it if they wanted to, but they'd have to prove I'm not doing the job and provide someone else to take over--who would then have to be checked out. Plus, they'd have to explain their lack of involvement up until now. Ain't gonna happen.
Don, you've got lots of good advice from others. About the only thing I can add is that if you think that your step kids could interfere or cause problems at any time now or in the future, you might be wise to take whatever legal steps are necessary to protect yourself and your wife.
DON, I agree with Mary75. I too have step kids and while I think things are fine, there is a part of me that does not trust things 100% so I am seeing an elder care lawyer now...should have some info next week. Got a call yesterday telling me our present trust is more complicated than originally thought so more time is needed.. One thing the elder care lawyer said she would be doing is to spell out clearly what my DH care plans would be if they should develop one way or another...and that my trust stands AND not to try to contest anything or they are out...( she also said she may recommend sending copies to the girls under her signature so there is no doubt that I am represented). Do take care. From what I have been reading here about step kids, even when things seemed fine there are not so fine things cropping up.. WE get little help, lots of advice, and then more demands...There better be a special place in heaven for the caregivers of spouses who have step kids whose parent has AD.
Sandi, Thanks for the advice about the Rep Payee report. I figured that it would just zero out because the money is always gone at the end of the month!