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E
ENDOFROAP Asked March 2017

Can a state guardian be overruled?

Sibling refused family to see mom this went on for months then elder abuse was called because we did not know if she was alive. Went to probate now a state guardian is appointed to be in charge since the rest of the family do not get along. How do I go about finding out moms current medical condition is. She had had three strokes and dementia and is legally blind. She cannot walk or feed herself, how do I get her into hospice care at home where she wanted to die, the guardian seems to think he is god and whatever he says goes this is my mom she does not deserve her only wish in this life to be home when she passes how do I over ride this state person who is impossible to talk with.

Sunnygirl1 Mar 2017
In many jurisdictions, the Guardian who is appointed by the Court, has to answer to the court regarding their decisions made on behalf of the Ward. I'd seek legal advice from an Elder Law attorney and have them review the matter in order to provide you with options.

cwillie Mar 2017
My first suggestion would be to hire a third party to mediate between you and the guardian, if you have a history of being confrontational it is likely they will pay little attention to you no matter how reasonable your request may be. Your other option would be to take it to the courts and ask a judge to review his guardianship and to rule on the merits of your request. Be aware though, your mom's wish to die at home may not be realistic or possible.

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