My recently was appointed a conservator/Guardianship by the court, started by her 2 sons. its been 4 months and they still don't have a budget and, we have received no financial help from them. and the Guardian does not communicate with my wife. we still live at home in the house we bought a year age. i am the primary bower on a VA loan. Is there anyway they can take this house away from us? And I have refused to charge my Daughter Rent but they are pushing for a rental contract.
Just my opinion but if you are the only one on the deed, then charging daughter rent has nothing to do with guardianship of wife since she does not own the house. Now if guardianship is for daughter maybe guardian needs to have her pay rent to help you get money if your supporting her. You may need an elder lawyer to help you understand what is going on.
You are the primary borrower on the VA loan for your newly-purchased home. Is your wife a co-borrower, or is the loan just in your name? Whose name is on the deed for the house -- just yours, or both you and your wife? You do need to keep up the mortgage payments or your could lose the house -- HOWEVER, the VA wants to protect its veterans so they have assistance programs available, so contact them asap if necessary.
Where is your daughter living? In the house there with you, or in another house that you own? Why won't you charge her rent? If you are letting her live rent-free, that likely would be considered gifting under Medicaid's look-back rule. The Conservator has a responsibility to protect your wife's finances and letting such a situation continue would be a violation of that responsibility.
What kind of communication did the Court order the Guardian to have with your wife? If they aren't following that, then you need to go back to the Court and report this.
I know I'm making a lot of assumptions because your message isn't very clear. It would be helpful if you could clarify the situation.
is the guardian a third party or one of the sons?
You are the veteran, I assume? Whose name is listed on the deed?
The laws of the US are unique to each state. What one may have experienced in one state can be unheard of in another. The veteran laws on home loans may be the same but this is about a court assigning guardianship over your daughter who I assume is physically or mentally or both unable to care for herself. Right?
Just assuming on the few things you have shared is that you will need to choose the amount of rent in a way that protects your family, is realistic and in compliance with all the governing factors for one in her circumstances. And it sounds like you will need a contract.
You seem to imply it is wrong to charge your daughter rent. This may be the only way to insure she has a way to live with you. If it is less expensive for her to remain with you then that tactic might appeal to you but if the amount is not enough to keep a roof over her head along with yours then that is another consideration. I don’t know. I’m just suggesting you fill in some of the blanks to help those who do give you some guidance.
‘Perhaps your local area agency on aging has volunteers who can assist you with the paperwork or help you find an attorney. This sounds very important. I wish you well but know that some of these laws are meant for your daughters protection whether you agree with them or not.
Are you living with your daughter?
Is your daughter on Medicaid?
No, they can't take your house away from you if your daughter is not listed on the title/deed.
Why do you think your daughter shouldn't pay for rent? Yes, the guardian is doing due diligence by wanting a rental agreement in writing. This protects the both of you.
Lots of missing info, so please add more for context.