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Guardianship issues....

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djbaker1969

Junior Member
What is the name of your state (only U.S. law)? New York


My mother has been at a state mental institution for years. She owns a co-op and had cash in a cd. The co-op is being foreclosed as maintenance has not been paid in a very long time. I do not have a DPOA, my mother is very mentally ill, very distrusting and paranoid.

NY State called me because they dont want the co-op to foreclose (they want the asset).. They want me to petition for Guardianship (they said they will do all the paperwork, all I have to do is show up for a hearing to be granted the Guardianship) and then gain control of my mothers assets so I may pay the back maintenance, then sell the co-op and turn all the cash over to them to help pay for her medical costs.

They told me I may be paid a commission for my help and any out of pocket expenses I incur will be reimbursed.


Please help with the following:
Should I do this?
How much of a burden will this be on me?
How much commission could they possibly afford me?

I am a little bitter because 1) I never had the opportunity to do "Medicaid Planning" due to my mothers mental illness 2) I originally was my mothers payee rep for Social Security, but even though I explained the funds were used to pay my mothers co-op fees and health insurance premiums - the Instution went behind my back and had the designation taken from me....now that my mothers unpaid health costs have gotten out of hand - the instituion now cares so much about the apartment.

Unfortunately I am quite ill myself and live hand to mouth so getting into a demanding situation would be a bad idea.

Thanks very much for your help and advice!
 


BlondiePB

Senior Member
What is the name of your state (only U.S. law)? New York


My mother has been at a state mental institution for years. She owns a co-op and had cash in a cd. The co-op is being foreclosed as maintenance has not been paid in a very long time. I do not have a DPOA, my mother is very mentally ill, very distrusting and paranoid.

NY State called me because they dont want the co-op to foreclose (they want the asset).. They want me to petition for Guardianship (they said they will do all the paperwork, all I have to do is show up for a hearing to be granted the Guardianship) and then gain control of my mothers assets so I may pay the back maintenance, then sell the co-op and turn all the cash over to them to help pay for her medical costs.

They told me I may be paid a commission for my help and any out of pocket expenses I incur will be reimbursed.


Please help with the following:
Should I do this?
How much of a burden will this be on me?
How much commission could they possibly afford me?

I am a little bitter because 1) I never had the opportunity to do "Medicaid Planning" due to my mothers mental illness 2) I originally was my mothers payee rep for Social Security, but even though I explained the funds were used to pay my mothers co-op fees and health insurance premiums - the Instution went behind my back and had the designation taken from me....now that my mothers unpaid health costs have gotten out of hand - the instituion now cares so much about the apartment.

Unfortunately I am quite ill myself and live hand to mouth so getting into a demanding situation would be a bad idea.

Thanks very much for your help and advice!
Being a guardian is very demanding. Guardians compensation is via court approval with a court order issued, not by any commission. Furthermore, the court must approve of the sale of the co-op.
 

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