Co-guardianship issues
I was appointed co-guardian of my mother's estate and sole guardian of her person. My issue is that the co-guardian appears to be taking complete charge and doing everything that needs to be done. I would think she is doing this because the more she does, the more she will get paid. Also who determines who cares for my mother and how much to be allotted for her care? The co-guardian is telling me that I cannot pay my sister for caring for my mother because my sister lives upstairs from my mother and does not pay any rent so therefore cannot get any money. But if I had to hire an outsider, it would be very expensive. Something doesn't seem right. I am also caring for my mother 3 days a week and I believe I should also get paid because it is alot of work and I do alot to care for her. Who exactly determines the amount that could be spent on her care and am I and/or my sister allowed to receive payment for this care.
Thank you for your help and or advise.
1 Answer from Attorneys
Re: Co-guardianship issues
Always a difficult situation when different people are appointed in the guardianship roles. At the end of the day, the judge has the final say on all matters. However, your co-guardian, whom I assume is an attorney, undoubtedly knows the system and its unwritten rules. Paying family members to care for their mom is generally not done, your co-guardian is correct. But in special circumstances, the judge may approve what you're suggesting. Not likely, but where, in the judge's opinion, it's clear and convincing that what you propose is in mom's best interests, and not just a way to redirect mom's money to yourself and your sister, there's a chance the judge will agree with you. What you would need to do is state your position in a Motion and detailed Affidavit, with attachments, and tell the judge exactly what you want, and why, and then the judge will tell you 'yes' or 'no' as to your requests.
Good luck.
Rick Bryan
New York, NY
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