I wish to share a personal story involving a dear Uncle and providing for his well being. Uncle Harry, at 78 was a single man never married no children just many nieces and nephews. Uncle Harry lived alone in senior housing here on the South Shore. He began to fail so my siblings and I decided to go forward and attain Guardianship, so that we could take care of him and his property. I was unaware of the steps involved in attaining Guardianship of someone. Let me highlight the process for you.
It takes an attorney and a willing individual(s) to establish Guardianship for an individual. You must prove to the court that the individual in question is unable to care for themselves. The individual needs to be examined by a doctor and those results must be submitted to the court. In Uncle Harry’s case, his doctor declared him unable to care for himself. Depending on the size of the person’s estate the court may order that the person in questions property be appraised and that you file an inventory of all properties with the court. In my uncle’s case his estate was limited; he did not own any real estate, just a car, and a life insurance policy. Even though he didn’t own much I still had to provide an inventory listing his property and money accounts for the court hearing. This took time to put together.
Next, a date and time are set for a hearing of Guardianship. You appear in court with your attorney and present your case. The judge decides whether or not he/she will appoint a Guardian to care for the person and property in question. Fortunately the judge granted me guardianship for my uncle on the first hearing.
All this takes arranging and is time consuming, not to mention the embarrassment of having to go through someone else’s personal possessions and records. Many legal fees are incurred, court filing fees within the county that the individual resides, legal notices published and waited to be acted upon, competency exam fees, and possibly Guardian and Accountant fees.
Once you are appointed as Guardian, a whole new set of issues presents themselves. As Guardian you must account for all monies spent. Upon death, the guardian must file a final account of the estate, which surprise; surprise will once again cost filing fees. This is a job in and of itself, and could require an accountant. Money is a sensitive issue and must be dealt with complete transparency.
Before you agree to be a Guardian you should think long and hard. Don’t let your feelings get in the way of making the best decision for yourself and your loved one. Being a Guardian takes a great deal of time, patience, resources and unfortunately money.
For further information consult the Massachusetts Probate Court website.
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