James P. Frederick
James P. Frederick, Estate Planning Attorney - Livonia, MI
Posted almost 3 years ago.

While I agree with you, there is no indication at this point that ANYONE is refusing to honor the POA. Until that changes, I am not sure there is any benefit to considering guardianship.

No photo
Asker
Posted almost 3 years ago.

Right, Right. The issue really isnt refusing to honor, he wants to do this and seems to think this is his responsibility. I just don't think Uncle understands everything and ends up being this eeyore hand wringer. Example: Father lived alone for 99% of his life and his home looks like it. Only towels from hotels, dirty dishrags, you get pic,right? Uncle (who is next door neighbor) says Oh Yeah, go get what you want for house and make things livable. I spend 300.00 get towels, coffee maker, etc. Since Uncle watches over money daily on computer, he then comes over 2 days later and says" Hey, your dad doesnt spend money like this and "people"?? are watching me and I dont want to get charged with elder abuse laws". Me and my brother are trying to work with him and somewhat around him and HE seems to be making things harder than what they should be. 2 days later uncle will come back to me and say Im just protecting your birth right and if dad ever offers you ten grand, take it. Well HELL NO comes to mind. Uncle is not as wealthy, I am here to caregive for my dad, money will be there and me or my brother are not worried about it, but certainly dont want to look or feel like we are there to exploit the situation. Only thing with money we wondered about was letting Grandchildren get there 15K for Xmas.
But I learned POD is straight POD and that takes care of that.
Thank You

James P. Frederick
James P. Frederick, Estate Planning Attorney - Livonia, MI
Posted almost 3 years ago.

It sounds like Uncle needs to either review a few of these posts or meet with another lawyer who describes all of the costs and hassles associated with guardianship, and the fact that it is totally not needed, at this point. If he reviews this information, he will know you asked about it, which might make him feel "put upon." I would just meet with the lawyer to discuss it. It should be a no fee consultation or a nominal fee. Relatives are funny to deal with, but it sounds like his heart is mostly in the right place.

No photo
Asker
Posted almost 3 years ago.

Yes, His heart is in the right place, no doubt about it. I guess anytime someone gets ill, the family can get a little weird, let alone if there is money about. I have watched many families with money get destroyed during this process and if needed I would rather remove myself before family got hurt, I always thought this (father having health issues) would bring us closer as a family. I dont think we are there yet by any means, I hope as time goes on Uncle will become more comfortable and not as nervous. Thank you for your input.

James P. Frederick
James P. Frederick, Estate Planning Attorney - Livonia, MI
Posted almost 3 years ago.

You are most welcome!