QUESTION
Is it legal for the nursing home to hold on to the guardianship even after m mother died?
Asked on Dec 10th, 2013 on Estate Planning - California
More details to this question:
My mother was in a nursing home. The home filed for guardianship. The court date was December 4, 2013. My mother died at the home on November 23, 2013. I did not go to the hearing.
15 ANSWERS
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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1. No guardianship for adults in California. 2. No guardianship or conservatorship can be established after death. 3. Guardianship or conservatorship established before death automatically terminates on death.
Answered on Dec 12th, 2013 at 7:43 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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There is no guardianship after a person has died. The hearing may have been to terminate the guardianship or to seek a final account from the conservator, if there was one.
Answered on Dec 12th, 2013 at 7:43 PM
If your mother has passed then the guardianship ceases to exist. Now is the time to file her probate for her estate.
Answered on Dec 12th, 2013 at 6:37 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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In your description you do not indicate whether the nursing home was appointed as Guardian of the Person, Guardian of the Estate, or both. After the death of the disabled person the Guardian of the Estate must report to the Court, seek permission to pay any outstanding obligation of the guardianship estate, seek approval of any fees, and distribute any net balance in the guardianship estate to the decedent's estate.
Answered on Dec 12th, 2013 at 6:37 PM
Guardianship should not be necessary now since your mother passed away.
Answered on Dec 12th, 2013 at 6:37 PM
3 Awards
A guardianship needs to be terminated and a final accounting filed. This can take up to 6 months in Nevada.
Answered on Dec 12th, 2013 at 6:37 PM
Guardianship's are only applicable to living persons. So the nursing home should not have been granted the guardianship as your mother was already deceased.
Answered on Dec 12th, 2013 at 6:37 PM
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No. The guardianship action died when she died. They should nonsuit the case, you should file for probate.
Answered on Dec 12th, 2013 at 6:37 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It cannot happen. When your mother died, any need for a guardianship would end. It may be a matter of not sending the appropriate paperwork to the court and other interested parties. You might want to check the court records to see if the case was dismissed, as it should have been. If not, there might be skullduggery going on and the court needs to be made aware that your mother is dead.
Answered on Dec 12th, 2013 at 6:37 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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I believe guardianship's terminate by law upon the death of the person who is under the guardianship. However the guardian has to file an accounting and account for any funds it administered which will obviously happen after.
Answered on Dec 12th, 2013 at 6:36 PM
Thomas Edward Gates
You should have gone to the hearing to see what heir bases was to try to continual guardianship. Go see the Order.
Answered on Dec 12th, 2013 at 6:36 PM
Edwin K. Niles
No such thing as a guardianship over a dead person.
Answered on Dec 12th, 2013 at 6:36 PM
The guardianship died with your mother. Check with the court and see if they are aware of her death. See if any orders were made.
Answered on Dec 12th, 2013 at 6:36 PM
2 Awards
No, you cannot get guardianship over someone who died. Go ahead and see an attorney and probate her estate.
Answered on Dec 12th, 2013 at 6:36 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The guardianship ended upon your mother's death, any action taken by the nursing home re the guardianship would be worthless and of no legal force or effect.
Answered on Dec 12th, 2013 at 6:36 PM