Largo, FL asked in Family Law, Elder Law and Probate for Florida

Q: Ward is confined to memory care at ALF. Son is guardian, can wards house hold bills be paid through the guardianship?

Wards home is still occupied by wards other son who served as caretaker from 2015 to 2019. House is fully operational. Car insurance, Power, Utilities and maintenance are still required to keep house going. Paralegal (told Guardian not to pay any of the outstanding bills in the wards name.) this leaves bills in the wards name unpaid.

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3 Lawyer Answers
Lauren Nagel Richardson
Lauren Nagel Richardson
Answered
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: You will need an order from the court before the ward's expenses can be paid. There are quite a few options including petitioning the court for the ward's son to be determined to be the ward's dependent. Also with the guardianship court's order, the house could be transferred to a child who has been the caretaker for a period of time. You should work directly with the guardianship attorney that you have hired to represent you to explore the options under chapter 744, and always petition the court for authority to act if the authority requires a court order, if there are objections to actions not typically requiring a court order, or if the funds have been placed in a restricted depository by the court.

Bruce Alexander Minnick agrees with this answer

Jason E. Neufeld
Jason E. Neufeld
Answered
  • Estate Planning Lawyer
  • Plantation, FL
  • Licensed in Florida

A: There are a lot of potential reasons why the paralegal is suggesting what he/she is suggesting. Make an appointment to speak with the guardianship attorney to understand the gameplan.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Probate Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: The guardianship accounts should not be used for the HH expenses if the ward is not living in the ward's house. The guardian is appointed to CONSERVE the ward's money, property and all other assets. Paying all the HH expenses for the benefit of someone other than the ward is certainly not in the ward's best interest--unless the person living there is a dependent of the ward.

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