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NightOwl Asked September 2017

How hard is it to get guardianship?

How hard was it to get guardianship of your loved one with dementia? I am amazed at how slow and difficult the process has been. First we applied and waited one month for a hearing. Second we were not allowed to speak at the hearing and only mom spoke. She didn't want a guardian. Third we were held over for trial, three weeks later we still do not have a trial date. Fourth we applied for Temporary Emergency Guardianship after a wandering incident. It took one week to get the answer, and another week to get the court order. A hearing was set for 4 weeks later. Still waiting for that, and still do not have a trial date for the first guardianship and conservator held over to trial.
Now that is just the court stuff. Getting paperwork done and capacity letters from doctors took months until we found the right doctor at the Senior Health Center. They also got mom to sign an advanced directive, no one else could accomplish that. She won't sign anything!
In the meantime I am trying to manage my life, my business, and my mother's dementia as she insisted on living alone. Last week after another police incident I made her come to my house and I refuse now to take her home. Time moves so slowly in this world of dementia management.

Rainmom Sep 2017
I have guardianship of my adult disabled son.

The whole thing took about nine months and it was uncontested.

I get that the courts have to be careful of people's civil rights and all - but some of the hoops we had to jump through were nuts. We submitted doctors reports, autism specialist reports and school reports - all documenting my sons level of impairment and the fact he is totally non-verbal. Still, he had to be seen by two separate psychiatrists- without me present. Do you suppose they thought he had been faking it for 18 years?

Hang in there - and good luck!

NightOwl Sep 2017
Yes, I have a lawyer.

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Sunnygirl1 Sep 2017
Very shocking stories. Do you have experienced attorneys involved? I've never heard of such.

OldSailor Sep 2017
We have been waiting ten months for word from our attorney. Finally got a call from the partner in the office wanting some additional information. Some of the delay may be because the judge was taken off of the bench and is under investigation for shady dealing with the county conservatorship person who was recently returned to the state as a fugitive, I think that was the term used. That leaves only the hearing master to handle things. We only had the one judge here for these matters.
Only time will tell for use when this will be complete.

GardenArtist Sep 2017
If you're in a county with less than optimum number of judges and a heavy caseload, that might be part of the reason.

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