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DIL2014 Asked January 2014

Court appointed guardianship for my Mother-in-Law? Should I be skeptical about it?

My MIL is 81, still lives in her home, and has been deteriorating mentally rapidly over the past year. We have had very little contact with her after she accused us of sneaking in her home at night, stealing clothes and mail and money. She changed her locks, also her best friend, who has been in a lot more contact with her, had to give up the house key. She clearly refused to give us a power of attorney a couple of years ago, now we are in a position where we cannot get her to see her doctor (who was supposed to perform a mental evaluation due to her constant confusion and forgetfulness) or apply for Medicaid or take any other steps to insure her welfare without getting guardianship through the court. It worries us very much, since she still insists on driving around and basically doing her own thing. We would like to see if she can at least get in-home care through Medicaid, but we have absolutely no info on her financial status or assets.

DIL2014 Jan 2014
Thank you for your reply. Your info makes a lot of sense, I had no idea! Good thing I found this website!

pamstegma Jan 2014
She can ignore you, but she cannot ignore a judge. The court first appoints a temporary guardian and orders a psychiatric exam. She does not have the option of refusing to participate. You ignore a court order= you are in contempt of court= you are hauled into court. Clearly she is not capable of driving either and you should notify the DMV. The courts will also look at her financial status and they have ways of getting all the records, again, by court order. You have taken the proper steps to protect her, I doubt if she realizes that. If she calls you to rant and rave, be sure to record the conversation, the judge may want to hear it. I expect the court guardian will have his hands full as well.

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