Rights of Wards: several of wards rights being violated; authority to consent to placement, ward actively protested the placement and incompetency order invalid.
Why was a Guardian appointed in the first place, and who petitioned the Court for guardianship? Is the Guardian a "professional guardian" or family member?
I've never been involved in this kind of situation so my suggestions are just that - and not based on experience.
1. Usually neglect charges are referred to APS (Adult Protective Services) for investigation. That might be the first step.
2. Obviously documentation of the abuses and neglect will need to be specific, especially if there's a court appointed guardian involved. To help GM, itemize the specific charges and collect all the documentation you can. If there are witnesses, ask if they'll testify at a hearing, or if they'll write a letter as to the abuses, or sign a notarized Affidavit.
3. I really think this is a situation in which an attorney needs to be involved because suing a guardian can be very difficult legally. Bucking a court system is not for someone unfamiliar with the intricacies and affiliations between courts and appointed guardians.
4. Who signed the incompetency documentation and why do you feel it's invalid? Has a doctor or anyone else indicated the diagnosis is false or based on inadequate or erroneous data?
5. Where is the family on this issue? Do they support your GM? Were any of them involved in the guardianship petition? Are they witnesses to the neglect?
I've never been involved in this kind of situation so my suggestions are just that - and not based on experience.
1. Usually neglect charges are referred to APS (Adult Protective Services) for investigation. That might be the first step.
2. Obviously documentation of the abuses and neglect will need to be specific, especially if there's a court appointed guardian involved. To help GM, itemize the specific charges and collect all the documentation you can. If there are witnesses, ask if they'll testify at a hearing, or if they'll write a letter as to the abuses, or sign a notarized Affidavit.
3. I really think this is a situation in which an attorney needs to be involved because suing a guardian can be very difficult legally. Bucking a court system is not for someone unfamiliar with the intricacies and affiliations between courts and appointed guardians.
4. Who signed the incompetency documentation and why do you feel it's invalid? Has a doctor or anyone else indicated the diagnosis is false or based on inadequate or erroneous data?
5. Where is the family on this issue? Do they support your GM? Were any of them involved in the guardianship petition? Are they witnesses to the neglect?