In 2023, my siblings and I decided to pursue Plenary Guardianship of our mother due to concerns over the choices she was making regarding her health and quality of life. After discussing it as a family, we decided that I would petition to become her guardian. In October 2023, the court officially appointed me to this role.
This post covers my experience in the first 60 days after being appointed, with the hope that my journey might help others better prepare for the duties and responsibilities that come with guardianship. From gathering information and working with financial institutions to fulfilling reporting requirements, there is a lot to manage. Let’s walk through the essential steps, including compiling reports for the court, connecting with Social Security, and more.
Key Legal Documents for Guardianship
Upon appointment, there are some key legal documents you’ll need to obtain and organize:
- Letters of Guardianship and Order Appointing Guardian: These are essential documents proving your guardianship. You’ll need them when dealing with banks, insurance companies, Social Security, and other institutions. It’s a good idea to obtain at least three certified copies and keep them on hand.
- Order to Determine Incapacity and Order Waiving Credit History and Background Check: These documents are usually kept for your records only; no further action is typically needed here.
Managing Bank Accounts
Start by gathering recent bank statements for each of your ward’s accounts. This will help you understand what assets are available, as well as where income sources—like Social Security and pensions—are being deposited.
- Setting Up a Guardianship Account: As a guardian, you are required to transfer your ward’s assets to an account titled as “Guardianship of [Loved One’s Name], [Your Name], Guardian.” Many banks offer this service, but confirm beforehand.
- Avoid Closing Accounts Right Away: Until you fully understand the account activity, including any automatic deposits and payments, it’s wise to keep all existing accounts open.
Becoming a Social Security Representative Payee
If your ward receives Social Security, you’ll need to apply to become their representative payee. Here’s how to do it:
- Complete Form SSA-11-BK: This is the application form to request appointment as a representative payee.
- Submit Supporting Documents: You’ll need to send a certified copy of both the Letters of Guardianship and Order Appointing Guardian with your application.
- In-Person Option: I opted to visit the local Social Security office to submit these documents. The wait was long, but the staff was helpful. Be sure to obtain a copy of the annual Social Security benefit statement, as it’s required for the Verified Inventory Report.
Pension Benefits
If your loved one receives a pension, you’ll need to notify the pension administrator of your guardianship. Provide certified copies of your Letters of Guardianship and Order of Appointment. The court will also require a copy of the Pension Benefit Letter.
Required Reports
As a new guardian, you’re required to submit two critical reports to the court within the first 60 days:
- Verified Inventory: This report, due within 60 days of court appointment, details your ward’s assets and income on the date of your appointment.
- What to Include: Bank statements covering the guardianship appointment date, Social Security benefit letters, and pension documents.
- Household Inventory: List items in the home by room (e.g., “Master Bedroom: queen-size bed, dresser, nightstands”). Include significant valuables like jewelry.
- Initial Plan: Also due within 60 days, this document outlines your care plan for the next year.
- Process: Your lawyer will provide a draft template in a Word document. Complete and return it for review. After finalizing, you’ll sign it digitally and submit it to the court.
- Pro Tip: Aim to file both reports by the 45-day mark to allow time for corrections or delays, especially around the holidays.
Guardianship Training
New guardians are required to complete a training course. In Florida, I took the 8-Hour Course for Guardian/Guardian Advocates of Adults. The course included four modules, with the final one as a live webinar. Each state may vary, so check your requirements. Once completed, submit proof of completion to your lawyer or representative for court filing.
Managing and Disposing of Personal Property
You cannot discard or sell any of your ward’s belongings without court approval. If you need to sell or donate items, file a petition for authorization with the court. Any proceeds from sales must be deposited into the guardianship account. Similarly, if you wish to sell real property, such as a home, a separate petition must be filed.
Paying the Examination Committee
The court requires payment for each individual on the examining committee. After making the payments, send proof to your representative. You’ll receive a filing from the court confirming that all committee members have been paid—keep this for your records.
Disclaimer
I am not a lawyer or healthcare professional. This blog post is based on my personal experience with guardianship in Brevard County, Florida. Laws and requirements vary by state, so I recommend consulting a legal professional for guidance in your area. I hope sharing my journey provides helpful insights for others facing similar challenges.
Helpful Links
- Managing Caregiver Duties: A Practical Guide to Essential Supplies and Resources
- Staying Organized as a Caregiver or Guardian: Practical Steps for Managing Responsibilities
Photo By Sergei Akulich on Burst
