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jeffreyd Asked January 2020

Getting a parent out of guardianship?

Mom's spouse has proven her incompitent, filed for devorce had courts assign her a temporary guardian. Now they won't let her come back home. All along her son has been taking care of her.

JoAnn29 Jan 2020
Guardianship is not easy to get. Her spouse had to claim Mom was incompetent and I think she needed to be present if possible. You should have been notified of the hearing. A Guardian has to report to the State. So anything spent has to be on Mom. That Guardian now makes all the decisions concerning Moms care. They have no power to change trusts or wills.

Be aware, guardianship is not cheap.

Geaton777 Jan 2020
Jeffrey, I'm sorry for the family stress you are experiencing. After reading your stream-of-consciousness post in your profile I can sort of gather there is a complicated problem and you list full names and the name of your mom's attorney. This is not safe or appropriate. Please understand you need to meet with and pay for an actual elder law attorney to see if undoing your mom's guardianship is possible or advisable. This is not a forum for free legal advice...people post opinions and experiences here, and you need far more than that. Again, you need to hire an actual attorney who will give you real legal guidance. Any advice posted here that you follow is done so at your own risk.

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