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My brother is in Hospice and wants to give some money to his church. As Guardian and conservator, am I allowed to give some money to his church before he passes as I will not be able to write checks after he dies?
If your brother is of sound mind he can make or change a will, and/or he can instruct you to make this payment.
If your brother is not of sound mind, you can make the decision for him but you would have to have strong justifications. If your brother made regular donations to this church throughout his adult life, for example, so that you were continuing his established pattern of giving, that might do. But if it's a sudden deathbed conversion to philanthropy, unless you can demonstrate your brother's clear intentions, ideally in front of disinterested witnesses, you would be on shaky ground - and especially so if you yourself have any association with this church.
As an alternative suggestion, you could ask mourners to make donations to the church in your brother's memory when the time comes.
If you are his legal Guardian, I'd review your official paperwork to see what powers you have. There should be a full list provided by the court when you were appointed. I'd consult with an attorney regarding any details.
Review your guardianship documents. What is allowed should be there.
It is not always the case that there is a separate conservator. I am my adult sons guardian and I am able to make decisions in both health care and finances.
I wanted to add - that in our situation, my sons guardianship document is very specific regarding how and on what his money may be spent. In addition - any spending of a significant amount must be reported to the court in the require annual report that I submit.
If you are a court appointed conservator, then yes, you are in charge of his finances and can write a check to the church. That is the purpose of being the conservator- to handle his financial matters as he is not able to do so himself. good luck.
A guardian is overseeing a person's health matters. A conservator oversees financial matters. A power of attorney would have handled both which he can sign if mentally able to. As a POA you sign his name and after sign yours as POA John Doe by James DOE, POA
Sorry, however, states have various requirements and one being that you are both guardian and conservator this position is based on your brother "NOT" being of sound mind. I would contact an estate planning attorney to get a response based on your state's laws.
Commutergirl is absolutely correct. A Healthcare guardian is DIFFERENT from a Power of Attorney for financial matters. If your brother appointed you POA then you may follow his wishes to write check to church. If not, tread carefully. If there is any way he can sign such a check, that would be best. If not, I wouldn't do it. Maybe you can get him to sign the POA form or if he already appointed someone else, contact them.
I just became my fathers guardian. I had to open up a guardian account at his bank. I had to show proof of guardianship. The courts monitor everything in this account so be very careful!. You should inquire with your local guardianship coordinator at the courthouse to be sure.
As Guardian, you can act on behalf of your as to his physical well being I.e. Healthcare. As his conservator, you act on his behalf as to his financial business. No one ever has the right to change a Will for someone. Best wishes
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
If your brother is not of sound mind, you can make the decision for him but you would have to have strong justifications. If your brother made regular donations to this church throughout his adult life, for example, so that you were continuing his established pattern of giving, that might do. But if it's a sudden deathbed conversion to philanthropy, unless you can demonstrate your brother's clear intentions, ideally in front of disinterested witnesses, you would be on shaky ground - and especially so if you yourself have any association with this church.
As an alternative suggestion, you could ask mourners to make donations to the church in your brother's memory when the time comes.
It is not always the case that there is a separate conservator. I am my adult sons guardian and I am able to make decisions in both health care and finances.
I wanted to add - that in our situation, my sons guardianship document is very specific regarding how and on what his money may be spent. In addition - any spending of a significant amount must be reported to the court in the require annual report that I submit.
good luck.
follow his wishes to write check to church. If not, tread carefully. If there is any way he
can sign such a check, that would be best. If not, I wouldn't do it. Maybe you can get
him to sign the POA form or if he already appointed someone else, contact them.