QUESTION
How to get payment for being care giver of cleint. that has guardian
Asked on Dec 03rd, 2017 on General Practice - Michigan
More details to this question:
Guardian claims can't get into cleints bank account to pay for caregiver services due to account is a trust.
1 ANSWER
Estate Planning & Probate Administration and Litigation Attorney serving Chesterfield, MI
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I think the first relevant question is who hired the caregiver? If the Guardian made the contact, and ultimately the contract, to retain the services of a caregiver, then the caregiver should look to that Guardian for payment of the expenses. It should be up to the Guardian to make sure that they have sufficient resources available, whether government funding, health insurance, or private funds to satisfy any care obligations they might have ordered. The Trust may eventually pay for the services but the Guardian should have had contact with the Trustee to verify that those funds were or are available for care.
If the Guardian refuses to pursue the funds necessary to pay for the claim then the next step would be to file a petition or claim in the controlling probate court. The probate courts are generally helpful with encouraging their guardians to satisfy their obligations. The Court may even go so far as to require that the Trust come forward and justify the refusal to pay or it may force the Guardian to seek out and become the payee for government funds such as social security etc.
Chuck Penzien
www.penzienlaw.com
Answered on Dec 13th, 2017 at 7:00 AM