Guardianship question ?

[Questions1982]

What is the name of your state? Florida

My mother in the 1990's decided to move into an assisted living home. She gave POA to a relative to take care of her financial matters. She did not give POA to me as I lived in a different state. About a year and a half ago her POA died and someone (not me) had her declared incompetant. Now she has had a Non relative never heard of before guardian for about a year. Is there any way that I could be her guardian ? I am concered that all of the money my mother has saved her whole life now may be going up in smoke and I would believe I would make the best guardian as she is my mother ! I live off of social security otherwise I would have gotten an attorney a year ago !

Basically is there any chance of me becoming my mothers guardian now ? What would I have to do ? thanks

 

[BlondiePB]

I am concered that all of the money my mother has saved her whole life now may be going up in smoke and I would believe I would make the best guardian as she is my mother !

Why are you worried about her money when all guardians must account for every penny of a ward's money to the court via of an annual accounting?

I live off of social security otherwise I would have gotten an attorney a year ago !

Per FL Statutes, you would: 1) have to hire an attorney, 2) make visits to FL to see your mother, 3) attend a guardianship class in FL [they are held about 4 times per year], 4) be eligible to be your mom's guardian.

Basically is there any chance of me becoming my mothers guardian now ? What would I have to do ?

You would have to hire an attorney.

 

[Questions1982]

I am worried as I have seen many terrible stories online. Do you have a mother Blondie ? Maybe I could have her declared incompetent and take over. Since I will account for every penny to the court I guess you would have no objections ? Now do you see my position or are you too blind ?

 

[BlondiePB]

I am worried as I have seen many terrible stories online. Do you have a mother Blondie ? Maybe I could have her declared incompetent and take over. Since I will account for every penny to the court I guess you would have no objections ? Now do you see my position or are you too blind ?

So, this is ALL about money and your potential inheritance.

Based on your reaction, are you collecting SS for some sort of disability, like being bi-polar?

 

[moburkes]

I am worried as I have seen many terrible stories online. Do you have a mother Blondie ? Maybe I could have her declared incompetent and take over. Since I will account for every penny to the court I guess you would have no objections ? Now do you see my position or are you too blind ?

I agree. I also have a mother in another state. If you are willing to do what Blondie has outlined above, and are willing to account for all of the money that you spend, then you can start the process. How do you know that this person is spending all of your MOTHER'S money? If you believe that your mother is NOT incompetent, then have you had a conversation with her about it? Are you worried about the money being gone?

 

[BlondiePB]

I agree. I also have a mother in another state. If you are willing to do what Blondie has outlined above, and are willing to account for all of the money that you spend, then you can start the process. How do you know that this person is spending all of your MOTHER'S money? If you believe that your mother is NOT incompetent, then have you had a conversation with her about it? Are you worried about the money being gone?

I also found it very interesting that the OP never mentioned having a conversation with her own mother.

All guardians must be eligible to be one. Not everyone is.

 

[Questions1982]

Hi Mrburkes,

She suffers from memory problems so I can see why she needs somebodey to take care of her financial matters. Basically her financial matters were taken care of for about 10 years by a relative that lived in her state before he died. I do not know if the guardian is doing anything wrong just upset by the fact that a non relative / stranger is in charge. That is why I asked my question on here.

My mother had 90% of her money in trusts for myself. I am quite confident she would
want me in charge over a STRANGER if she still had the power to do so. Worried Yes.

Blondie,

I forget what the eligibility standards were when I looked them up online but I remember that they were very low. High school diploma (not even sure if this was required) no felony at least the age of 18 ? Something like that. Willing to take a class for a couple hours and put in an annual report ? Sounds rediculously easy. I'm past the age of 65. Anything helpful is welcomed.

 

[moburkes]

I fail to see how anyone can remove money from a properly executed trust. Was it a revocable trust?

 

[Questions1982]

Sorry I was wrong in my last post only a couple accounts read

Mothers Name
ITF my name

Not sure if that is revocable or not.

 

[moburkes]

I'm not sure what that means (ITF). Hopefully you will get other responses.

 

[Questions1982]

I'm pretty sure ITF stands for "In trust for". Just looked it up online pretty sure they are Revocable trusts unfortunately.

 

[moburkes]

Have you spoken to your mother? Do you know that something funny is being done with the money in the trust? Do you have a copy of the trust papers?

 

[anteater]

Have you spoken to your mother? Do you know that something funny is being done with the money in the trust? Do you have a copy of the trust papers?

moburkes,

I believe that the OP is referring to what is sometimes called a Totten Trust. Same thing as a POD designation - set up with a simple form at the bank and revocable by the account owner.

 

[moburkes]

Okay. Thanks.

 

[BlondiePB]

Blondie,

I forget what the eligibility standards were when I looked them up online but I remember that they were very low. High school diploma (not even sure if this was required) no felony at least the age of 18 ? Something like that. Willing to take a class for a couple hours and put in an annual report ? Sounds rediculously easy. I'm past the age of 65. Anything helpful is welcomed.

I'd like an apology for your attitude, etc. In case you're wondering, the person with the greatest knowlege about your issue(s) and can help you the most is me.