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UsaPositive Asked December 2014

What are options in appealing a guardianship decision?

my sister filed for sole guardianship of both parents who are incapacitated, I had dpoa of my mother along w/ my sister, I was more than willing to do co-guardianship but the judge decided to only have her be the sole guardian mainly because we were not in agreement regarding my mother's end of life care, I previously posted questions regarding this and it was suggested guardianship could go to an independent person, this was never mentioned at all in court, but now I am thinking after the fact why couldn't we do co-guardianship on all other issues besides medical? is that even an option? is it worth it to appeal or ask for a reconsideration? was informed by a friend that I have 20 days to do either....

anonymous158299 Jan 2015
judges are pretty smart , i dont make a habit of second guessing them . my aunts PIA has a personal hangup about end of life comfort meds . she has not the ability to understand that the dying process is already under way when these meds are used . i can only hope that when edna is dying the hospice personnel at nh find a way to work around this two legged ruminant .
there comes a time to stop medical procedures , USA . i saw one lady at nh a few months ago slumped in her wheelchair at the dinner table , letting out an occasional bellow of pain . her family had decided she had fought too many recurring infections and they chose to let the poor lady die . i agree with that decision . just because someone is alive doesnt mean they are living . in rare cases docs can discontinue antibiotics without the approval of family if family is letting emotions conflict with medical wisdom .
this is the usa . terminology might be deliberately confusing but at the end of the day common sense rules .

pamstegma Jan 2015
So sorry you are going through this. I lost my daughter in June, but Hospice helped us all, a lot. You should know that Guardianship ends when the ward dies. At that point the Will is in effect, and the Executor handles the estate. Try to find out what the Will says. I don't think you have enough time left for an appeal. God keep you safe.

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UsaPositive Jan 2015
I appreciate any and all comments, I do no like the term "pull the plug" either but that's what the court-appointed lawyer used as well, I have always been sticking to the facts and for me, this is so not about a "checkbook" so to state otherwise is hurtful since you don't know the complex circumstances and maybe I was not clear in the explanations, however, you are certainly free to voice your opinion, there's enough negativity and pain in managing sick parents (as we all know), not just now when they are incapacitated, but years before that as a consistent caregiver, not blaming anyone except life's horrible circumstances but I will try & rely on my faith in the meantime....the fact is that even as seen on this great site, family members rear their ugly heads when parents get sick and siblings don't agree, I wish that was not the case....also, thank you (pam) for clarifying that my mother is dying, i'm well aware of it when I bring my babies to visit their grandmother consistently as she lays there with ventilator/tracheostomy tubes, but it's pure joy & pain when I get to see her smile when she sees their faces or hears their little voices, God Bless

pamstegma Jan 2015
Usa Positive, that is your perspective only. If anyone said "pull the plug" to a Judge, he would issue an order of protection. Stick to the facts. The fact is the Judge took the checkbook away from you. The fact is mom is dying; it is not fair to blame anyone for that.

UsaPositive Jan 2015
nothing went on regarding handling of responsibilities, she wants to sign off on a property sale overseas and mainly, end of life care decisions need to be made for my mother and she along w/ another sibling want to "pull the plug"

samara Jan 2015
If you were the Dpoa, but your sister felt the need strongly enough to petiton for guardianship, what was the reason she petitioned for it? I mean, it is very expensive to petition for that, is what I gather from reading other's here. I am sort of wondering what else was going on, with your handling of DPOA rrsponsibilities, that led your sister to take such an extreme step. Need more information, please.

UsaPositive Dec 2014
she lied in court and said that we all have not had conversations about their final resting place when we recently did and came up with an agreement among the siblings that were at the meeting, the majority were present including her.....this is just one tiny example of what i mean and she has stated before that being guardian was her "birthright" so there is some wacked out sense of entitlement on her part......like i told the Judge, i only want to honor my parents' wishes and my mother named us both on the DPOA but that's out the window....i know that if i do anything additional, it needs to be done w/ a lawyer.....and what I've learned from this disgusting situation is that i will be making my wishes abundantly clear and precise on paper so my kids don't have to suffer the same way

UsaPositive Dec 2014
thanks....by the way, I was definitely not going to tell the Judge that comment about not trusting anyone, the entire time in court we only discussed my mother's end of life care so it was very clear that the final decision was based on that issue only

pamstegma Dec 2014
Once the Guardian is appointed, the Judge will only remove them for violating the court order, such as failure to report annual financial data, neglecting the Ward or misappropriation of assets.
Judges divide the duties into the "person" and the "property". There can be separate guardians for each, thus the impression of co-guardianship.
The Judge also reviews what was done in the past, by whom and how accurate and detailed they were with the accounting. This was VERY important to the Judge. The court evaluator speaks with all siblings for their agreement or dissent. You agreed. More importantly, a complete background and credit check of your sister looked good to the Judge. She secured proper legal counsel and submitted a complete and detailed petition. Judges like that.
I don't think I would annoy the Judge by saying "I forgot to tell you I don't trust her because she is easily manipulated by another sibling who is downright evil" because he will consider you a bipolar and manipulative witness.

jeannegibbs Dec 2014
Your sister gets to (has to) make all the decisions because she is the court-appointed guardian, not because she is oldest. She may take advice as she wishes, including from you, but she makes the decisions.

You have no status to concede or oppose the guardian's decisions.

I don't think that being disgusted with your sister is grounds for having the guardianship removed, but the best way to get advice about that is to consult a lawyer.

UsaPositive Dec 2014
honestly, I don't trust her because she is easily manipulated by another sibling who is downright evil, there have been enough examples of this that have taken place over the past year, i can't say that outright in court because it sounds like I am trying to be difficult but in all honesty, me and another sibling have been doing everything for years and now they want to make the final decision on everything because they are the oldest?! i'll concede with whatever if that's what's in the best interest of my parents and if it's honoring their wishes, just disgusted by their behaviors

jeannegibbs Dec 2014
If your sister and you are basically in agreement about care for your mother except the end-of-life issues, and you are willing to concede to her authority on end-of-life, why do you want to see the appointment changed?

If that is what you want, then consult a lawyer regarding how to go about appealing. But it is not clear to me why you want this.

Having two people who have to agree on every decision before anything can move forward sounds like a gameplan for frustration and disaster. I can understand the wisdom in not splitting a guardianship.

UsaPositive Dec 2014
I didn't go with a lawyer, I just asked a lawyer friend some questions beforehand, he reviewed my letter which I submitted to the court,
my sister did have a lawyer and only those that opposed her doing guardianship spoke in the courtroom, I do think the judge, the court-appointed lawyer for my parents and definitely my sister let their personal feelings get in the way

Danashel Dec 2014
You don't mention having your own lawyer. If you don't, contact one for these questions. I am curious about the end-of-life-care differences in opinion. I would hope that judge wasn't letting personal feelings factor into the decision for your mother. See a lawyer.

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