Is CPP, OAS or Veteran's Disability Pension classed as income to be used in calculations for 5% to be paid to the Guardian and how ofter is this 5% paid?

1 answer | Last updated: Nov 24, 2016
Debbie-1 asked...

Is CPP, OAS or Veterans Disability Pension classed as income to be used in calculations for 5% to be paid to the Guardian and how ofter is this 5% paid?


Expert Answers

The amount, sources and timing of compensation for an adult guardian or conservator depend on two things: (1) the legal rules in the state where the guardianship is in effect; and (2) the judge's order establishing the guardianship or conservatorship in each particular case.

If the guardianship you're concerned with has already been established, then you need to look at the specific written order, signed by the judge, which created the guardianship. If this document doesn't specifically answer the question of how much and how often the guardian is to be paid, or what funds the payment is to be based on, then the guardian may have to return to court to ask the judge for clarification. The judge's decision will depend on what is permitted by the laws in that state, and on the circumstances of the individual case.

If a guardianship is being proposed but hasn't been ordered yet by a judge, the person seeking appointment as guardian can and should seek a clear statement from the court about:

  • How much the guardian is to be paid
  • When the guardian is to be paid
  • How the amount is to be calculated, and
  • Whether any source of the senior's income or assets is exempt from this calculation.