Guardianship
I was appointed co-guardian for my mother's personal needs, and co-guardian for her property and finances. My mother needs alot of care and my sister and myself have been caring for her since my brother and his wife no longer care for her since he lost guardianship. My question is: How do I get the money allocated for her care? The co-guardian is telling me that my sister and myself cannot get paid. This does not make sense. My mother needs 24 hour care. The other siblings will NOT help at all.
Why is it assumed that we can afford to not hold regular jobs and should do this for free. It just doesn't make sense. Do I need to get the Judge's permission? Should I put in a Motion to appear before the Judge to get this approved, If I would hire someone on the outside it would be very expense compared to what we are asking for. Please advise me on what I need to do and who I should talk to. I already talked to the co-guardian and she says ''That's just the way it is'' ''Daughters are not permitted to get paid for mother's care''.
Thank you for your help and advise.
1 Answer from Attorneys
Re: Guardianship
You're going to have to make a very stong (well written) affidavit pleading to all the facts and circumstances as to why you should be granted a stipend for taking care of mom. Not usually done, but not impossible. People don't usually get paid for taking care of their parents (or children). That's just common sense, right? You have to have very good reasons why you should be one of the exceptions. Get yourself a lawyer who is known around the courthouse to the judges and clerks and practices in Guardianship cases in that court on a regular basis, and you'll have a 50/50 chance of receiving a stipend.
Good luck.
Rick Bryan
New York, NY
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