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Getting Guardianship of Your Aging Parent

You should begin gathering documents right from the first moment you consider taking on the role of a guardian. Guardianship is necessarily a very document and detail-heavy endeavor, because you are taking legal responsibility for the welfare of another human being. Guardians work very closely with the courts in their county or state, and documents are crucial to create a record of the guardianship.

Getting Guardianship of Your Aging Parent

Preserving All Guardianship Documents

Whether you’re the guardian of an elderly relative, a child, or someone otherwise unable to make their own legal decisions, you are responsible for the management and safety of that person’s assets. As such, you need to gather every document relevant to the management of these assets. Think about your duties and which documents may contain information pertaining to each duty, such as:

  • Documents about medical care or treatment, particularly invoices and insurance information
  • Receipts reflecting the purchase of necessities such as food, clothes, cars, household items, and other personal items
  • Invoices showing educational costs
  • Investment and financial statements
  • Banking statements and check ledgers
  • Legal documents pertaining to your guardianship and to any lawsuits the ward may be party to
  • Wills, trusts, or any other documents regarding any inherited assets of the ward
  • Documents showing ownership and valuation of property held by the guardianship estate
  • Previous guardianship inventories, accountings, and appraisals prepared for the court

Utah Guardianship Laws

A legal guardian must follow the applicable guardianship laws of the state, which are typically found in the state’s probate code. You have many options for assistance. First, the National Guardianship Association is a good resource, especially if you and your intended ward reside in different states. If you reside in the same state, you can begin by contacting the local family court of your county and consulting with the court clerk. The clerk can provide you with some preliminary information and guide you to the appropriate court, depending upon the nature of your guardianship. For example, in California if you are the guardian of a minor you may be subject to both the rules of the Probate Court and the Juvenile Court.

Many states have created their own guardianship assistance division, such as New York’s Guardian Assistance Network, the Guardianship Association of New Jersey, and the Illinois Guardianship and Advocacy Commission. In Utah, guardian training is provided online and you must pass the Utah Guardian Pre-appointment Test before you can apply to be a guardian.  You should make sure you speak with a Guardianship lawyer or probate attorney to help you.

You can refer to the probate code of your state, but an attorney with experience in guardianships will be best able to assist you in clearly understanding your legal responsibilities and their proper execution.

Making a Checklist of Documents

You may find the checklist below helpful in creating your own personal document checklist.

_____Power of Attorney

_____Living Will

_____Guardianship Papers

_____Trust Documents

_____Deeds

_____Land Grants

_____Water Rights

_____Mortgages

_____Leases

_____Bonds

_____Loans

_____Contracts

_____Tax Notices

_____Abstracts of Title

_____Vehicle Titles

_____Bank Statements

_____Pass Books

_____Checkbook Registers

_____Mutual Fund Statements

_____IRA Statements

_____Stock Certificates

_____Canceled Checks

_____Bills

_____Receipts

_____Check Stubs

_____Social Security Documents

_____Retirement Papers

_____Pension Documents

_____Income Tax Returns

_____Will

 

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a legal matter, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

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About the Author

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.