[MoonlitWaves]

I hope this question is in the right place. I have a question about legal guardianship of an adult. If I become the legal guardian of an adult will I be held responsible for finances of the adult? For example: his final expenses or anything that may happen causing a debt owed by him, and he doesn't have money to pay.
He has a mental illness and I have been working with him for over a year now. Obtaining the guadianship is not the problem. He will willing sign for me to be his guardian and proving his incapabilities of being his own guardian will be simple. His family lives too far away to keep up with him, and frankly I don't think they care enough to ensure everything is okay with him. I have suspicions about the assisted living home he is in and want to ensure they are not ripping him off financially. He receives disability but the check goes straight to the facility. I want to be able to talk with the facility and find out the exact and total cost of board, his out of pocket perscription cost and exactly how much his check is. I can't do that just as his worker and he doesn't have the capabilities to ensure his money is being spent properly. I had him go to the office and ask for a cost statement and find out all expenses including what is coming in so I could look over it and help him make sure things are correct. Not surprisingly they brushed him off by stating they would get it for him as soon as they got the time. It's a lower end facility and it is full of people with mental illnesses who don't have a clue about their finances especially since probably 98% of them have their checks sent straight to the facility owner's bank account.
There are other things too. He has been having stomach trouble and it took months to get them to make him a doctor's appointment. If I was his guardian what I say would hold more weight, or I could simply make appointments for him.
But I can't be responsible for his finances as I have enough of my own. I just want to help him and ensure he isn't being taken advantage of.

[jrebel7]

I hope this question is in the right place. I have a question about legal guardianship of an adult. If I become the legal guardian of an adult will I be held responsible for finances of the adult? For example: his final expenses or anything that may happen causing a debt owed by him, and he doesn't have money to pay.
He has a mental illness and I have been working with him for over a year now. Obtaining the guadianship is not the problem. He will willing sign for me to be his guardian and proving his incapabilities of being his own guardian will be simple. His family lives too far away to keep up with him, and frankly I don't think they care enough to ensure everything is okay with him. I have suspicions about the assisted living home he is in and want to ensure they are not ripping him off financially. He receives disability but the check goes straight to the facility. I want to be able to talk with the facility and find out the exact and total cost of board, his out of pocket perscription cost and exactly how much his check is. I can't do that just as his worker and he doesn't have the capabilities to ensure his money is being spent properly. I had him go to the office and ask for a cost statement and find out all expenses including what is coming in so I could look over it and help him make sure things are correct. Not surprisingly they brushed him off by stating they would get it for him as soon as they got the time. It's a lower end facility and it is full of people with mental illnesses who don't have a clue about their finances especially since probably 98% of them have their checks sent straight to the facility owner's bank account.
There are other things too. He has been having stomach trouble and it took months to get them to make him a doctor's appointment. If I was his guardian what I say would hold more weight, or I could simply make appointments for him.
But I can't be responsible for his finances as I have enough of my own. I just want to help him and ensure he isn't being taken advantage of.

I have no legal background other than my experience which I will share. My father passed away unexpectedly. My mother is in a Nursing Home Facility. My son-in-law drew up papers. They are called "Durable Power of Attorney" - not just "Power of Attorney". As long as I have had those papers signed by my mother and it has been witnessed by two people not related, and notarized, it gives others permission to visit with me about mother's health care, bills, banking, any and all matters pertaining to her care, well-being and finances. Doctors will visit with me, pharmacists, NH care givers, bankers, etc. I am not proficient in my knowledge of all of this so probably am not touching on all basis you might need. The only problem I ran into was with the Social Security Office and they told me the papers meant nothing to them, however, they did visit with me so I wonder if the person who made that statement knew for sure. My understanding with "Durable Power of Attorney" is that once the individual passes away, that does away with all rights of "Durable Power of Attorney". It ends upon death. That says to me I would not be responsible for the bills, etc. but I can't say for sure. I hope this might give you a starting place. I again, am in no form, legal nor legal minded. I am an artist, daughter, mother, grandmother, etc. I am new to this forum so if you were looking for an attorney or legal advisor to reply to your questions, I am not that person and apologize. My heart just goes out to anyone going through being a caregive. Much luck and bless you for helping someone who really has no one looking out for him. We see that so much.

[MoonlitWaves]

No, I was not necessarily looking for a lawyer. Just looking for anyone who may know. I appreciate your response. It did help and gives me something in particular (that being Durable Power of Attorney) to look into. I didn't know where to get the information I sought so I started with my local Social Services office. They referred me to the Clerk of Court. All the clerk of court gave me was the papers I needed to fill out to proceed with being granted guardianship. It had a little information but only about what must be done to in order to become a guardian, but it didn't give any information on the responsibilities of the guardian.
I'm kind of in a no win situation because if I become his guardian I will no longer be able to work with him, and if I don't he will continue to be on the back burner in some situations.
Thank you for your help jrebel!

[jrebel7]

No, I was not necessarily looking for a lawyer. Just looking for anyone who may know. I appreciate your response. It did help and gives me something in particular (that being Durable Power of Attorney) to look into. I didn't know where to get the information I seeked so I started with my local Social Services office. They refered me to the Clerk of Court. All the clerk of court gave me was the papers I needed to fill out to proceed with being granted guardianship. It had a little information but only about what must be done to in order to become a guardian, but it didn't give any information on the responsibilities of the guardian.
I'm kinda in a no win situation because if I become his guardian I will no longer be able to work with him, and if I don't he will continue to be on the back burner in some situations.
Thank you for your help jrebel!

If my son-in-law was not an attorney, I would not have known what direction to take and would not have contacted an attorney either. I am sending a private message to finish this information that might be helpful to you. My heart just goes out to you, knowing the roadblocks ahead. I hope I was some help if not with information, just knowing someone knows some of the frustrations you are feeling and can identify with you. jrebel7