What should I expect at a Guardianship Hearing?

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I am scheduled to go to court for a guardianship hearing. My mom's condition has already been verified by her doctor, a lawyer, psychologist and a social worker. I am told that there will even be a jury at this hearing. What questions are asked at a guardianship hearing?

Answers 1 to 10 of 26
I am not quite sure but I believe guardianships are for children (under 18 yrs) and conservatorships are for adults. Conservatorship laws are complicated. Conservator responsibilities can be split (person and estate). You need legal counsel. Your local Bar Association can direct you to an attorney that specializes in Conservatorships/Guardianships that will provide you with an inexpensive perhaps free consult.
Legal counsel is an excellent idea. Find someone you feel comfortable with and can trust. It is not the easiest way to go, so I'd get legal counsel asap. Best wishes, and let us know how things go.
I had to sit through a few days of hearings for my mother's case, and a lot of them lasted just sixty seconds. In my Mom's case, the county was suing for conservatorship of both person and estate, and the only snag was them not having the case prepared (three times), and my Mom's appointed attorney screwing things up, by moving that I be appointed personal conservator. That must have been good for a few thousand in legal fees they charged my mother's estate.

I believe we had to view a video beforehand. Most of the work is dong beforehand in the reports. You might want to go sit in on an hour of others' hearings to see what the process is like. In our courtroom, you had to sit close to hear anything, as the speakers were just for those involved. Actually, postponements, etc were discussed in my Mom's case and I had no idea what was going on.

Another thing, we were scheduled for late in the morning, so I went to move my car to the paid parking lot. Those officially involved moved it up to first on the schedule, so I missed the entire one minute. Just one of the things that you don't expect...my mother's future on the line, the deadbeat sisters sneering at me for missing the "hearing" (postponement).
Thanks to everyone for their comments, and thanks to Secretsister for her hug! I do have an attorney. What I really wanted to know is what goes on during the hearing, do I get placed in the witness box? Will they ask stupid questions about personal beliefs, etc? I would rather hear it from y'all then the attorney who may have secret fish to fry. I truly can't explain the latter sentence except that I trust NO ONE in law and the courts. This is not from personal experience, only from what I hear from other people.
Im 25 years old ..I had a good job but got fired because its like i have to work around my mothers schedule so she can leave me with my brothers to take care of...she threatens with getting guardianship over me. I feel she has this power of me and i cant take it. When i was 16 yrs old i was tested as mildly retarded scared of lots of things..I was emotionally abused,physically abused,and molested by my grandfather when i was little. I plan to get married my bf told my mom he thought about marrying me and she told him i wasnt ready...Shes making decisions for me and Im ready . I cant get my ged if im being a mother taking care of my brothers all the time or get on with my life as an adult. I need someones advice on how to deal and take care of it...moving in with my bf might be best for me because he can help me get my ged. I just dont know how to talk to my mom without her freaking out and threatening me.

Please someone give me advice!!!

Thanks,
Ashley
First, once you get married, your husband will by default become your "guardian," so that sounds like the best route, if you trust your boyfriend to protect you and love you. Do you now live in your own place? with boyfriend, or with your mother?

My mother was "conserved" because of financial abuse by two sisters, that I reported. So am a bit familiar with this from my own experience. It sounds to me like you need a "guardian" to PROTECT you from your mother. Guardianships are to PROTECT those who cannot defend themselves AGAINST people like your mother. Usually this is a county government program, under Adult Protective Services.

The person responsible for my mother's case also has a few dozen non-seniors she has to look out for, including mentally ill homeless adults of all ages. If you spoke with someone at the Adult Protective Services in your county, they could perhaps advise you. The county itself could sue for guardianship to protect you from her. Perhaps a restraining order against her could be issued by the court.

Thinking even further about how to make your mother pay for her crimes, for that is what this is. Did she know about your grandfather, and continued to let you be abused? Then she is GUILTY as well. Is she cruel to her brothers as she is to you? GUILTY of child endangerment. In reality, she is ENSLAVING you with this ploy to make you her permanent helper. If you keep playing out the possibilities, your mother could end up in jail and her other children taken from her and placed in foster care.

Talk to your boyfriend about this, then decide who to ask for help. If you plan on marriage then do not investigate the guardianship angle. If I were you, I'd get married right away and that would put a legal barrier between you and your mother. If the marriage doesn't work out, it will be easier to divorce your husband than it is now to scrape your evil mother out of your life. Report any abuse of your brothers to child protective services. Once you are on a strong footing, you can then see if you can help your brothers in a meaningful way, perhaps be put in a foster home where they'll be safe (one hopes). Foster care isn't always a sure thing either. I assume also that your mother is the vindictive type and may physically harrass you or even attack you.

Sure you'll get other advice. Oh, in a conservatorship hearing before a judge in a courtroom, the person involved must be represented by a separate lawyer. My mother was assigned a lawyer, and this gal interviewed Mom, talked to me, and stood up for Mom in court. (Actually she tried and failed to have me be the conservator of the PERSON regarding health decisions. There is a separate conservator to look after finances, called the TRUST conservator.)

So there is a good chance that your mother will not get very far in this ploy of hers, an an excellent chance it will backfire on her to the point she'd be jailed and her children taken away. While we're at it, let's get your grandfather arrested. It's time for you to have justice and happiness.

If you are living with your mother, perhaps there is a local shelter for abused women. You might have to hide out for your own protection, if she's that much of a danger.
Shes not abusive to me or my brothers what so ever ...I did grow up abused by her ex husband though. When i was 16 i was tested as mildly retarded but even my mom will change her stories and if i make a mistake she tells me im not an adult and that i need to work at things..I cant get my ged if im being a mother to my brothers all the time..like i said i had a job as well but she ruined that for me because i had to work around her schedule.
For the record, an adult may have both a guardian and a conservator, or just one or the other. A guardian handles personal decisions, including living arrangements, medical care, etc. A conservator handles financial affairs for the adult, if they are deemed unable to handle it themselves.
Can my husbands oldest daughter get guardianship over him, we were married 0n the tenth if this month and she filed on the twenty-forth? She's saying he is at risk but I have been with him for three years and I have been taking very good care of him from the begining. However there is a thirty-seven year difference between me and my husband but we love each other very much.
Well, I imagine that she could try. On what grounds? Risk of what? Is your husband cognitively impaired? Was he three years ago when you started to live together?

I believe she'd have to prove that he is not capable of understanding the decisions he is making, not just that he is making what she considers bad decisions. Does she have opinions from doctors that he is not competent?

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