Follow
Share

She has abandoned his request to remain home, in spite of 24/7 Professional Caregivers, and myself. Dad wishes to remain in his Beach House until the end of his days. It would kill him emotionally, physically etc, and to move him now into a nursing home. Age 91, only recently did we shift to a complete around the clock, profession Caregiver schedule. I live with him and am health guardian 50-50 along with my Sister who lives a long way away and has not been proactively helpful. In fact, my 2 siblings are scheming and bullying the Conservator in every possible way. The situation is quite complicated.
I have been documenting everything for the almost 2 years I have been caring for dad: Every phone call, medication log, intake and output log (just recently), resistance for him from my siblings, one lives very near and could help if he were so inclined and not so mentally ill.He is a high functioning Asperger's Syndrome whom Mother made her POA a year ago at his urging when I think she was diagnosed with dementia, and Trustee in 2006.
With the holidays ensuing the 2 siblings become more demanding and hateful, especially towards me. Everyone agrees, even my siblings, that I have done an excellent job with dad's healthcare.

It is a difficult thing to remain in a house for 9 months for fear that one's father will be kidnapped. That was my siblings plan prior to the Guardianship Hearing.

Now the Conservator says she will not pay for any food I eat, only for dad's, I am ok with her decision, but I know who gave her this idea. I exist on my disability check and EBT has gone away since I told them I live with dad and he covers utilities, etc, not me.

This is a condensed version. The struggles have been phenomenal. I am open to suggestions. Thanks in advance,

This question has been closed for answers. Ask a New Question.
Payment to a in home family caregiver by permitting room and board is for the benefit of the ward if the care situation is appropriate.
Helpful Answer (3)
Report

Who appointed the conservator? Do you have the legal authority to fire her?
Helpful Answer (2)
Report

Ah yes but here the "caregiver" is collecting disability. So technically there are two disabled persons in the house. Only one is paying for food and shelter, which is a disparity.
Helpful Answer (2)
Report

Need to know more about conservatorship to advise.
Helpful Answer (1)
Report

Only the Court who appointed the conservator can change him/her. Why was someone outside the family appointed? The Court only steps in when there is good reason. Stop fighting with your siblings and just love your father for as long as you have him.
Helpful Answer (1)
Report

Usually the judge will place a Guardianship/Conservatorship to a family member. If an outside court appointed G/C was done, then there almost always in my experience (as an executrix twice and spent hours in probate court where G/C hearings are held) compelling reasons why family was not suitable as a G/C. For family to go to court now to become the new G/C will not be likely - could happen like if they were in the military and stationed abroad at the time of the initial G/C hearing or undergoing chemo, etc. and now are back & able to be the G/C. The probate judges who hear G/C cases, run tight courtrooms & are rarely wrong. the reality is that is will be hard for you to become a G/C now.

It sounds like you have some issues on your own if you are on disability. It could well be that the G/C is looking at the long view on 91 yr old dad situation and can tell that it is flat just time for him to go into a SNF. If he is already getting 24/7 care in his home and is declining in ability, then it's time to move him to a facility with a whole range of resources on site. At 91 his caregiving needs are only going to increase and someone who is on disability themselves cannot be the point person on this if you look at all this from an outside viewpoint. And that is probably what the G/C is doing.

You should do what you can to provide for yourself in all this. If you have been dad's caregiver what happens when he moves to a NH? Do you have your own place to live? You have SSDI so you do have some income. But what about housing? If all is tied into dad's name, then I'd suggest you work with your siblings on coming to an agreement that you get to continue to live rent free in the beach house for as long as possible. Realize that the beach house may need to be sold to pay for his care in the future. You have got to plan for yourself & your future first & foremost. Good luck.
Helpful Answer (1)
Report

The Conservator is appointed by a Judge, and ONLY the judge can fire him.
Read probate law for your state. Refusing to fund your food is totally in compliance with the law. All assets must be conserved for the benefit of the Ward (patient) and only the Ward.
Helpful Answer (1)
Report

Spirit, if the court appointed the Conservator, then go petition that same court to review the Conservator ' s activities. They have to keep comprehensive records of their activities and report this to the court periodically. Conservators are monitored by some branch of the courts--and they know they will get fired or worse if they mismanage their client's affairs, so if you have evidence they are misbehaving towards their client you should document it (photos, witnesses, etc) and report it.
Helpful Answer (1)
Report

I would see if you might be able to get some help from legal aid.
Helpful Answer (0)
Report

Need more details. Is your Mom no longer involved with Dad's care? Even with some dementia she may provide valuable input. But maybe the Conservator was appointed because nobody in family was able to provide adequate care. So. Now you still have family troubles, compounded by Conservator troubles. ....at this point your only option is to go back to the courts. Since you don't have much money that will mean your local Legal Aid office might help. Unfortunately nothing is perfect, no perfect families, judges, Conservators or anything. I will send good thoughts your way and even a prayer if that is OK with you.
Helpful Answer (0)
Report

See All Answers
This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter