Find Senior Care (City or Zip)
Join Now Log In
D
drray3337 Asked November 2019

My fiance was duped into giving her father legal guardianship that is going to cause her to lose her house and everything she owns. Advice?

She is a stroke survivor 6 mos in. They are trying to prevent our marriage and warehouse her indefinately.

drray3337 Nov 2019
dear Barb, that was my assumption too.the only language involved was "disabled"

drray3337 Nov 2019
dear worried.you dont have to be incapacitated to have someone use a plenary guardianship.only disabled.regardless the ward can make ammendments that suit her.there were no evals given only an entry from 3 mos ago saying she needed to be intermediate care.if she was incapacitated she wouldnt be able to write a letter to the courts
BarbBrooklyn Nov 2019
Everything I've read says that plenary guardianship is granted when the principal is found incapacitated.

ADVERTISEMENT


drray3337 Nov 2019
it was a plenary guardianship.lawyer retained.its actually quite simple.she has to write down what she wants ammendments to be and file them.does not have to appear
i am paying all household bills.thank you all
worriedinCali Nov 2019
Plenary guardianship is still done through the courts though and it’s done after the person is found incapacitated by the court so.....your fiancé wasn’t duped in to giving guardianship. She didnt give him guardianship. He was given it BY the court because she was found incapacitated.
JoAnn29 Nov 2019
People get POA and guardianship confused. Was it guardianship where they went to court because she has to be present. Or did she sign over Power of Attorney which is easily revoked. She just needs to go to the lawyer who wrote up the POA and have it revoked and assign someone else.

Either way, she needs to see a lawyer.

worriedinCali Nov 2019
The court gave him legal guardianship so your fiancé has to go to court to address her concerns. However if she’s suffered a debilitating stroke you must consider that her house may need to be sold if there is a mortgage and she doesn’t have the money for the monthly payment, taxes and insurance. Have you considered that?

Sunnygirl1 Nov 2019
Guardians are under a duty to manage the Ward's property properly and they have to provide accountings to the court explaining how every dime is spent. She might consult with an attorney if she feels things are not being done in her best interest.

BarbBrooklyn Nov 2019
Only a court can grant guardianship. She needs to retain a lawyer to get guardianship reversed.

ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter