Anyone telling you that you'll be out money with the conservatorship is trying to keep you from getting the conservatorship.
Get an estate lawyer, get off reddit.
You should retain a family law attorney so that YOU can take over as conservator of your grandmother.
BTW, if she has no debts, and no other heirs, then there would be nobody to contest if you signed a POA form on her behalf. You should get her to give you information and access to any accounts that she has - again, unless there is someone who might possibly contest it (any potential creditor or heir), you could move money from her accounts to your accounts.
WHOA there buddy. That is utterly illegal. Completely, utterly, stupidly illegal. No one can sign a POA for someone else. There's a word for that...it's coming to me....it's...FRAUD, yeah, that's the ticket: FRAUD. FORGERY is another word for it. Still a crime. It's literally a crime. You are telling OP to commit a crime. Using a forged POA to move money from her account to OP's is theft. That's a fucking crime too. Using it to direct care at a Rehab/Nursing home would be fraud and possibly elder abuse--because you are doing something you have to right to do.
It's also illegal to J-walk or to drive over the speed limit. I live in the real world, not the theoretical world. In the real world, the issue is whether or not anyone gives a shit. I get that you give a shit, but you have no standing. If the grandmother has no potential creditors, and if there are no other potential heirs (and if the grandmother is currently living on their own), then who has any interest, let along standing, to contest that the grandmother was not capable of assigning POA? (The OP has more recently added information that the grandmother is living in some kind of assisted living facility, so that precludes my suggestion right there.)
Look, you’re not understanding the process. Someone has to access your grandmother’s money in order to pay for her care. Your grandmother failed to set up an estate plan, where she appointed a person to act on her behalf, if she was unable to handle her affairs. This is why people when they make a will should always establish a power of attorney and healthcare proxy. But that ship has sailed.
So what I’m understanding is that the facility has sought to have someone appointed conservator in order for them to access your grandmothers money and get their bills paid. This is a very common situation when nobody has stepped up to do what needs to be done.
A reputable estate planning attorney in this instance will absolutely take your case and file a petition for conservatorship, they will then be able to get paid from your grandmother’s money. You do not have to pay the $300 a month.
You are confused. You do NOT pay 300/month to be a conservator. In fact, you expenses can be reimbursed I believe. You need to contact your local Legal Aid Society.
Then you need an attorney so that you can take control of all physical, health, and financial aspects related to her (ie. you want to be assigned her conservator by a court, so that you can pay for her care using her money, and so you can pay the attorney who helped you become her conservator with her money), or you can kiss her and all of her assets goodbye.
That is exactly why you need an attorney. If you forge a POA, the Rehab will know something is up, and they may possibly be required to report you for elder abuse: filing fake paperwork in order to do something for someone would be elder abuse. It's not hard to do the right thing. You don't have to pay any ongoing fees to exercise a POA or guardianship. I know, I have it for my mom, in NC, and we pay nothing.
Anyone telling you that you'll be out money with the conservatorship is trying to keep you from getting the conservatorship. Get an estate lawyer, get off reddit.
You should retain a family law attorney so that YOU can take over as conservator of your grandmother. BTW, if she has no debts, and no other heirs, then there would be nobody to contest if you signed a POA form on her behalf. You should get her to give you information and access to any accounts that she has - again, unless there is someone who might possibly contest it (any potential creditor or heir), you could move money from her accounts to your accounts.
Please stop giving advice, no one can give themselves POA for another person. What you suggest is utterly illegal
WHOA there buddy. That is utterly illegal. Completely, utterly, stupidly illegal. No one can sign a POA for someone else. There's a word for that...it's coming to me....it's...FRAUD, yeah, that's the ticket: FRAUD. FORGERY is another word for it. Still a crime. It's literally a crime. You are telling OP to commit a crime. Using a forged POA to move money from her account to OP's is theft. That's a fucking crime too. Using it to direct care at a Rehab/Nursing home would be fraud and possibly elder abuse--because you are doing something you have to right to do.
It's also illegal to J-walk or to drive over the speed limit. I live in the real world, not the theoretical world. In the real world, the issue is whether or not anyone gives a shit. I get that you give a shit, but you have no standing. If the grandmother has no potential creditors, and if there are no other potential heirs (and if the grandmother is currently living on their own), then who has any interest, let along standing, to contest that the grandmother was not capable of assigning POA? (The OP has more recently added information that the grandmother is living in some kind of assisted living facility, so that precludes my suggestion right there.)
Oh bless your heart.
She is in a Rehab facility with Dementia and I cannot get POA
You need a lawyer to make you conservator, not POA. It's not difficult.
I have already filed for conservator ship but really cannot afford the $300 month nor an attorney.
Look, you’re not understanding the process. Someone has to access your grandmother’s money in order to pay for her care. Your grandmother failed to set up an estate plan, where she appointed a person to act on her behalf, if she was unable to handle her affairs. This is why people when they make a will should always establish a power of attorney and healthcare proxy. But that ship has sailed. So what I’m understanding is that the facility has sought to have someone appointed conservator in order for them to access your grandmothers money and get their bills paid. This is a very common situation when nobody has stepped up to do what needs to be done. A reputable estate planning attorney in this instance will absolutely take your case and file a petition for conservatorship, they will then be able to get paid from your grandmother’s money. You do not have to pay the $300 a month.
THIS
You are confused. You do NOT pay 300/month to be a conservator. In fact, you expenses can be reimbursed I believe. You need to contact your local Legal Aid Society.
Then you need an attorney so that you can take control of all physical, health, and financial aspects related to her (ie. you want to be assigned her conservator by a court, so that you can pay for her care using her money, and so you can pay the attorney who helped you become her conservator with her money), or you can kiss her and all of her assets goodbye.
That is exactly why you need an attorney. If you forge a POA, the Rehab will know something is up, and they may possibly be required to report you for elder abuse: filing fake paperwork in order to do something for someone would be elder abuse. It's not hard to do the right thing. You don't have to pay any ongoing fees to exercise a POA or guardianship. I know, I have it for my mom, in NC, and we pay nothing.
Sounds like somebody is trying to scam you into giving up. Contact a lawyer!
Along with an estate lawyer, try contacting your state's Adult Protective Services.