Can an adult child take over guardianship now of a parent that has placed POA to another family member years before?

Follow
Share

My Grandmother appointed me POA 6 years ago after deciding she was getting to the point where she needed someone to take care of her affairs when her eyesight and hearing diminished. Her children at the time were not willing to take care of her needs because of a family dispute. They left her in an assisted living facility and told her to fend for herself. She was scared and called me to help. I in turn called my lawyer to see what could be done to help her. He suggested a doing a durable power of attorney. So that is what we did. My grandmother was still able to sign her name and state what her wishes were. I was not at the facility when the document was signed by witnesses and her lawyer. Her children were notified by the administrator of the facility before this took place. No one came to stop the proceedings. No one made an attempt to contact her or myself. Now, she is 101 diagnosed with dementia and all of a sudden her children want guardianship of her. I was served court papers stating that they desired guardianship and that I desired to relinquish my POA. That was a false statement. My lawyer said to show up to court with my POA paperwork and present it to the judge. The judge said that POA had nothing to do with guardianship and that her children's stature of next of kin would be in their favor. I find out Monday what the court decides. We live in Michigan. I am not certain if that makes any difference. I am not familiar with the laws or bi-laws.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
25

Answers

Show:
1 2 3
PS - you didn't ramble, and besides everyone does. Don't worry, again.
Helpful Answer (0)
Report

Don't worry! It's hard to go wrong, and stressed people is what the site is for :)

Yes, do start your own question - if you look to the right of the screen (assuming you're using a pc or something that's got a decent-sized screen) you'll see the blue box there headed Get Answers and you just type in a headline, click on Ask, and then it'll take you to another dialog box where you can fill in the details, which you then post. You could always copy, cut and paste your post on this thread earlier, if you like. Best of luck
Helpful Answer (0)
Report

Countrymouse. Do yku mean stsrt my own question? Im sorry if I rambled on here. I feel stumbling upon this site was a blessing but I dont want ti abuse it. Im very stressed .
Helpful Answer (0)
Report

Nettiem I think you might do better to ask your own question; because you haven't got to the point where you're disputing possible guardianship applications, have you? You can do that by typing in the "Get Answers" box in the right hand margin of the page and following the instructions from there. First of all, though, have a think about what exactly you would like to do about your GFIL's care going forward. It sounds as if you and your family are in a very difficult situation.
Helpful Answer (0)
Report

Please dont tell me these lawyers are from lapeer.
Helpful Answer (0)
Report

My story is long and I won't bore everyone but my husband and I are taking care of his grandfather . He is almost 89 woth alzheimer's. My husbands grandfather has two daughters. one works and travels and is a single mom of a child in college the other one is retired as well as her husband and her other son does not work either , but we , a family struggling financially , supporting three children and both work are here taking care of him . We do live with him . we are trying to keep him in his home as long as possible . We did get him on Medicaid and Medicare title 19 and we have aides come in when we are at work . The family members that are not involved have now started questioning how we take care of him . Its been 2 years ! They call him up and question if he's eaten what he's eating if he's taking his medication . They are stopping by when the aides are here . Even though we asked them not to because it interferes with his care .they are more than welcome to visit him when they are not here as we cannot stop anyone from coming to see him. the house situation is very complicated it was signed over to his retired daughter because she's on ss disability and he will not lose his home and has life use . We do not speak to them due to a very bad dusagrement and their disrespectful manners. My grandfather in law is making our life very difficult , he almost eggs them on and complains . These things are not true I hear it with my own ears when I asked him about it he says he hasn't said it I don't know what part of that is his own personality which was similar to that before alzheimer's happened so I'm sure it's just worse now from this disease and now he's at the point where he is faking illnesses .i am sitting in the ER for hours at a time when nothings wrong with him he's saying that he's full from lunch when he has eaten lunch early and either refuses to eat dinner or will only eat half of it I'm already in therapy my husband's about to have a nervous breakdown. we cannot live like this and we don't know what the next step to do is. putting him in a home will only look like we're doing this out of spite however if he continues to fight us on eating properly all day I don't know what else we are supposed to do. we are his powers of attorney and we are in charge of his health and wellbeing we need to do what's best for him we have gotten no help from the agency or the Agency on Aging as far as telling his family to stop interfering with his care during the day so we really don't know what to do. His daughter that is causing trouble has become vindictive and will probably kick is out soon. ...
Helpful Answer (0)
Report

Michigan - glad things went your way. I have a similar situation and thought maybe i can post it here
Helpful Answer (1)
Report

You shouldn't assume that just because the siblings are seeking guardianship they will get it. By all means go to court to demonstrate your continued support of your grandmother. If you have been taking care of your grandmother for 6 years as her POA that says a lot. The judge should do what's in the best interest of your grandmother which may be appointing you as the guardian if you are interested in doing so. Also, had your grandmother ever expressed who she did NOT want to serve as her guardian in the event that she became incapacitated? This is the time to pull out that documentation or to express that to the judge. If you are competent, have integrity, and sincerely care for your grandmother I believe you have a good chance of being appointed as guardian yourself. Judges don't always rule in favor of children especially when there's a dispute. Good luck!
Helpful Answer (0)
Report

Bless you, poppet. Just goes to show the judge knew what she was about, eh? Best of luck, hope things go well from here.
Helpful Answer (2)
Report

I am still going to keep things the way they are. They can call and visit. Inquire about her health and are still invited to attend healthcare conferences. I hope they know how much they mean to their mother. She may have dementia but she still knows us all. I hope this will be the end of our family feud. The aunts may not like me much but I will not keep them from their mother, ever.
Helpful Answer (3)
Report

1 2 3
This question has been closed for answers. Ask a New Question.
Related
Questions