What happens if guardianship is granted but a bond for guardianship is not obtained?
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What happens if guardianship is granted but a bond for guardianship is not obtained?
Brother and I were granted co-quardianship of our mother. Accordingly, we need to obtain a bond for assets. It will cost each of us $400-$525. This would be an added expense for both of us. I’ve done and would continue to do all I can. I drive 1 1/2 hours to doctors appoitments, buy food when out, dp other shopping, pay bills etc. She lives from check to check so she can’t afford to pay and it would be a hardship for us. She has been taken advantage of so there’s really nothing left. Would she be a ward of the state if we’re not bonded? Do judges ever forgo the bond? My POA was ended to grant co-guardianship.
Asked on November 18, 2010 under Estate Planning, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The bond was required - I am assuming - to protect you Mother's assets from any wrong doing. You indicate that she is living from paycheckto paycheck - which gives the assumption that there are no assets. But the court wishes to protect those as best as they can from "predators" not that that is what you guys are. They are also attempting to protect other siblings from you two taking things that are to be shared in the estate. So what can you do? You can possibly make an application to the court to dispense with the need for the bond if her assets are indeed nil and because you actually take care of her out of pocket as it stands now. Seek help. Good luck.
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