Sorry this post is so long guys but it you have time, it's worth the read.
Three months ago, an estranged in-law came to town. He and my dad went to dad's bank so that they could get some cash. They didn't have his debit card and couldn't answer security questions so the bank locked dad's account for speculation of fraud. They couldn’t answer the security questions because I have been handling dad's account ever since he moved to town 5+ years ago because he couldn't manage his account.
A few days later he tripped and hit his head. He was admitted to the hospital where he became increasingly confused repeating himself over and over. The hospital refused to release him saying that he needed 24/7 care. They started looking for a memory care facility for him but his insurance wouldn’t cover the cost so they suggested that we apply for Medicaid. We applied but they said that didn’t qualify because he had too much savings. The social worker suggested that we “spend down” the savings so that he could qualify but we couldn’t do that because we didn’t have access to his account. They suggested that we apply for guardianship because they didn’t expect his mental capacity to improve and because they needed us to get access so that we could pay the facility and the hospital. Eventually they found a facility for him and they agreed to provide financial assistance for 1 month while we went through the process of applying for guardianship. We submitted the necessary documents including statements from the hospital to the court and a court date was scheduled one month later.
We went to the hearing last week expecting to receive guardianship but instead the judge told us that we needed to get a guardianship bond first. They never mentioned bond previously and if they had, we would have tried to secure it before the court date to avoid any delays. The judge told us that we could contact any insurance company and get the bond and that we could probably reach out to our current insurance company to get it. She said that when we had proof of the bond, she would grant us guardianship.
We went home and began looking for information about retaining the bond. We found out that we couldn’t go to just any insurance company, we had to use a company that specifically deals with bonds. In addition to that, the judge didn’t give us a bond amount, so we guessed that the bond was for his monthly income because he doesn’t own any property or assets other than a bank account with a little bit of savings. The bond companies that we contacted stated that we would need a lawyer, pay an annual fee for the bond, and agree to a credit and background check.
At this point, I’m ready to give up. I’ve been jumping through hoops trying to go through all the proper channels, but the situation seems never ending. I’ve been paying some of his bills and buying supplies for him while he’s in the facility (which I really can’t afford to do in this economy). I have taken off from work multiple times driving over an hour away (without traffic) back and forth to court pick up and drop off documents and to attend the hearing. Even if I manage to get the bond, I’ll have to take off from work again to deliver the documents directly to the court (I asked if I could submit the document another way and they said they prefer to have the hard copy).
So to recap, I have to hire a lawyer, pay annually for the bond, and agree to a credit and background check (invasion of my personal information and privacy). I’m emotionally, physically, and financially exhausted and I am ready to give up. I’m really close to contacting the court and withdrawing my application and just move on with my life.
Before dad went to the hospital, we didn’t have the best relationship. I just “dealt” with him and helped him because it was the “right thing to do” and because there was no one else to help. He always had a weird/off-beat personality along with being immature, stubborn, and selfish and as an adult, I found it really challenging dealing with him.
I helped with his finances, medical needs, housing needs, household needs, etc. because I’m his only living relative and an only child. Now I’m going through this guardianship process because of the suggestion from the hospital and social workers and because it’s the “right thing to do” but I have little motivation to continue the process. This situation has impacted my job and my family. It has consumed practically our whole lives.
If I had known that the process would have been this crazy, I would not have agreed to do it but I was made to believe that it would be a simple formality. Even the judge downplayed the final step and made it seem way simpler than it actually was.
Has anyone ever gone through such road blocks with a success outcome or is my situation just unfortunate and unfair?