What expenses can I be reimbursed for as guardian of my mother? Consider these Florida probate issues before believing you will get reimbursed travel expenses

Uncategorized • Dec 28, 2015

post about What expenses can I be reimbursed for as guardian of my mother? Consider these Florida probate issues before believing you will get reimbursed travel expenses

Florida guardianship lawyers have had an increasing amount of work over the past 10 years or so. Why? Well perhaps more adult children or 2nd and 3rd spouses are seeking to control or protect someone with the help of the probate courts. Other probate lawyers Palm Beach might say that adult children and 2nd and 3rd wives and husbands are just more litigious about money and inheritances and the use, or mis-use, of someone’s money as they age, and perhaps get frail or suffer fromdementia. What costs can a family-member-turned-guardian recover? Here are some points to consider before you expect to be reimbursed for travel or other expenses which you, as guardian, claim to be spending for your parent’s benefit.

Can I Get Reimbursed for Travel Expenses as Guardian?

First of all, consider reading and understanding the Florida Guardianship Code.
It is Chapter 744 in the Florida Statutes and you can read it for free at this link:http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0744/0744ContentsIndex.html&StatuteYear=2015&Title=-%3E2015-%3EChapter%20744
2nd, and this will certainly sound self-serving, you should consider hiring a good Florida guardianship lawyer.
Why?

What do I have to do as a guardian in Palm Beach ?

Because as guardian of your parent, you have to, among other things, comply with the law,
Know the probate rules which apply to guardianships,
Take an oath,
Perhaps post a bond,
Complete annual accountings and reports,
Invest and manage money
Know what to spend the Ward’s money on and what NOT to spend the Ward’s money on
Meet with the Ward’s caregivers. Note that if your parent does become part of a guardianship, he or she is often referred to in guardianships Florida as a Ward
Understand what medical care and other care the Ward is receiving or should receive
Have a plan for the Ward, and try to insure that the Ward’s needs are met
Report all of this to the probate judge Palm Beach County and other “interested persons“. One of the hot topics or big, pressing issues in Florida guardianship law iswho gets to be involved in your parent’s care? Who gets notice of court filed documents in Delray or Palm Beach Gardens and who can have a say in what care your parent receives, what his or her money is spent, or NOT spent, on, and what the court appointed guardian does.

What expenses can I get reimbursed for if I spend that money on my parent’s or their guardianship.

So, ask any trust lawyer Florida and they will tell you that they often write a trust for elder clients so that a guardianship can be avoided
If you want to know how to properly and legally avoid a guardianship, you should consider reading other probate Florida commentary provided on this website. With the right and correct use of a POA, or Florida power of attorney, health care proxy, or durable power of attorney for health care, living will, and a revocable living trust, your parent may be able to save the cost and public viewing of a Florida guardianship.
Now, many prospective clients all want to know if they will get reimbursed from their parent’s money if they spend money on their parents and there is a guardianship later
So, first of all, be careful. Guardians who are court appointed can get reimbursed for “reasonable” expenses, after appointment as guardian Palm Beach Gardens
Family members who spend money on mom or dade BEFORE a guardianship Florida is created may NOT get reimbursed
Let me give you one common example: let’s say that you want to move mom or dad down to Florida, can you get reimbursed for travel expenses for mom? Probably.
Now, let’s say that you and your spouse travel to Florida to help mom, perhaps to even take care of mom or dad, to serve as her or his guardian, and you actually help mom move into an assisted living facility, get her dementia medication, take her to doctors appointments, and go to the store, Publix or the pharmacy for dad. Do you get reimbursed for those travel expenses IF a guardianship has not been created yet?
Be careful, you may not
Why? Because Florida guardianship law, and Palm Beach guardianships can distinguish between expenses or costs you incur BEFORE you are appointed guardian, versus after you are appointed guardian
And, and this is important, before you spend thousands of dollars on an elder law lawyer or guardianship litigation law firm West Palm Beach, consider that probate courts distinguish between providing loving family services versus providing services as a guardian.
What?
Do you meant that you might not get reimbursed for spending your money on mom to help mom or dad before a guardianship is created?
Yes.
Why? Read the case of In re: Guardianship of Sapp, 868 So. 2d 687, a Florida published guardianship appeal case which went to the 2nd District Court of Appeal
Guardians who are in close family or familial relationship with the Ward may NOT be reimbursed or compensated for merely doing what any family member would do for their relative under the circumstances
So, not only might you not get reimbursed for expenses or costs, but don’t expect to be paid for being a son or daughter or other relative. Your fees for serving as a guardianhave to be reasonable, and some Florida courts have said that you are not getting reimbursed as a guardian for doing loving things for a loved one or parent or relativebefore you get appointed guardian
Also, consider having a Board Certified Appellate Attorney at any guardianship hearing or motion or hearing to get you reimbursed for fees, compensation and costs for serving as guardian
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