I am the caregiver for both my parents. I have the POA and healthcare proxy. I have been managing their finances and while caring for them for over 20 years. My sister filed a motion for guardianship claiming that I have been "mismanaged" their funds because my dad is “incapacitated" (AIG) and claimed that I have been misappropriating his finances to my own advantage. She made all kinds of nasty accusations against me that went on for pages. She asked that the court cede all his assets to her and her husband's name, including the building my parents live in so she can sell it and keep the money. The motion also said that she will put him on Medicaid and Welfare and that she will eventually put my dad and my mother in a “Medicaid” appropriate nursing home. It just so happens that the building is owned by me as a life estate. Initially, all the layer and the court evaluator saw all this as nothing more than a money grab.
On the day of the hearing, it was agreed that she will drop the motion but I would have to provide a full disclosure of his finances and a cash flow report for the past two years and subsequent reports to her and her greedy husband every six months. I did not have a problem with that because I had nothing to hide. However, my dad must pay for the legal fees of not only the court appointed attorney (who did nothing), but my sister's lawyer, and the court evaluator lawyer. I hired my own lawyer to represent me. My lawyer said that this was the "law in NY" that the AIG is responsible to pay all legal fees. Is this true? When I took issue with this, he basically said that the court evaluator did not like my attitude wanted to change his recommendation to the judge to have a 3rd party guardian be appointed. This is the same guy who already wrote a report that my did had no need for a guardian at all. Why should an elderly man of 91 be responsible to pay the legal fees for some frivolous law suit? I there such a stipulation on the NY books? I feel that my dad has been taken advantage of.