Is it legal for the nursing home to hold on to the guardianship even after m mother died? 18 Answers as of December 12, 2013

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.

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Frederick & Frederick PLC | James P Frederick
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.
Answer Applies to: Michigan
Replied: 12/12/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
No such thing as a guardianship over a dead person.
Answer Applies to: California
Replied: 12/12/2013
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
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.
Answer Applies to: Michigan
Replied: 12/12/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
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.
Answer Applies to: California
Replied: 12/12/2013
Attorney at Law
Attorney at Law | Frances An
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.
Answer Applies to: California
Replied: 12/12/2013
    James Law Group
    James Law Group | Christine James
    No, you cannot get guardianship over someone who died. Go ahead and see an attorney and probate her estate.
    Answer Applies to: California
    Replied: 12/12/2013
    Gates' Law, PLLC | Thomas E. Gates
    You should have gone to the hearing to see what heir bases was to try to continual guardianship. Go see the Order.
    Answer Applies to: Washington
    Replied: 12/12/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    If the court was going to appoint the nursing home on December 4th as your mothers guardian, then no guardianship was established because a guardian was not appointed because your mother died prior to the court appointing the guardian.
    Answer Applies to: Florida
    Replied: 12/12/2013
    Danville Law Group | Scott Jordan
    You can probably check on-line with the local court house to see what happened at the hearing. In all likelihood the hearing was dropped since appointing a guardian now would be moot.
    Answer Applies to: California
    Replied: 12/12/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    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.
    Answer Applies to: California
    Replied: 12/12/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    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.
    Answer Applies to: Idaho
    Replied: 12/12/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    A guardianship needs to be terminated and a final accounting filed. This can take up to 6 months in Nevada.
    Answer Applies to: Nevada
    Replied: 12/12/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    If your mother died before the Guardianship hearing was held, there could be no Guardianship granted. If the nursing home somehow had control of your mother's money, and that money was not owed to the nursing home for services rendered, it would be turned over to your mother's estate.
    Answer Applies to: Minnesota
    Replied: 12/12/2013
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    No. The guardianship action died when she died. They should nonsuit the case, you should file for probate.
    Answer Applies to: Texas
    Replied: 12/12/2013
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    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.
    Answer Applies to: Illinois
    Replied: 12/12/2013
    The Curran Law Firm
    The Curran Law Firm | Maura Curran
    If your mother has passed then the guardianship ceases to exist. Now is the time to file her probate for her estate.
    Answer Applies to: Florida
    Replied: 12/12/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    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.
    Answer Applies to: Nebraska
    Replied: 12/12/2013
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