How can a judge issue guardianship without contacting the living and quite normally functioning husband first? - AgingCare.com

How can a judge issue guardianship without contacting the living and quite normally functioning husband first?

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I got the shock of my life when I found out that my wife’s daughter has somehow managed to get a guardianship for her.

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To give an example of the steps the court will take to protect the rights of the individual in question:

My son has sevear autism - is completely non verbal and functions at about a 2-3 yr old level. When my son turned 18 I filed for guardianship. As I stated above the court appointed two doctors to do separate evaluations. One doctor was a psychiatrist - my son had an appointment at his office and of course I had to get him there. For the first 20 minutes or so the psychiatrist talked to me with my son in the room. The psychiatrist had all my sons medical records and his current school records. Then the psychiatrist asked me to leave the room. Not thinking it though- just being a protective mamma, I was uncomfortable with leaving my vulnerable son alone with a stranger- so I asked why. The psychiatrist told me he needed to give my son a chance to talk openly, without me in the room. Okay - I get it - but seriously? The guy had all my sons records stating he had never uttered a word since age two and even then it was "mamma" and "no"!   See what I mean?  

If you or your wife were not given the opportunity to contest the guardianship, you should be able to do something about it. 
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Something is fishy. That's just not how a legal guardianship is done. I am my adult sons legal guardian and have some experience here.

First, your wife has to be examined to determine if she is legally competent. This examination is usually done by two separate court appointed doctors. Your wife is also given the opportunity to contest the guardianship and if contested she would be appointed an attorney if she is unable to hire her own. Next - any living immediately relative - especially a spouse -
is notified of the intent to gain guardianship and is also allowed to contest the process and or any appointment.

While laws may vary state to state there is no big discrepancy in the process. If there is truely a guardianship held by the daughter, you can easily get this reversed with the help of an attorney- possibly getting one through Adult Protective Services or even the court if you can make it that far on your own...unless there is more to this story - which I gotta believe there is.
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Jonathan, you can contest guardianship with the courts by filing a petition. You need to talk to an attorney that specializes in undue influence. Why do you think your wife's daughter filed for guardianship?? Are you a "new" husband? Keep in mind you will also be scrutinized by the courts and the courts will favor what the "protected person" (which is how your wife is now referred to in the court system) wants and verbalizes regardless of what is actually "best" for her.
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Thank you, Katikate and Barbbrooklin. The daughter has the paper and has already acted and it's not the
last action I'm afraid. How can a judge issue such a paper without contacting the living and quite normally functioning Husband first? Jonathan
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Start by asking your wife's daughter to show you the guardianship papers. Make a copy and take them to your lawyer. It is almost certainly a Power of Attorney, and an invalid one perhaps.

And yes, if she is proposing to take any action based on her "guardianship" she DOES have to produce those papers.
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HUh?

This is probably not true. A guardianship happens when there is a legal case before a judge. With a living husband this is just not going to happen.

I bet when you investigate this, you will find it isn't true at all.

Perhaps your wife signed a POA? Get a lawyer and undo this. Your wife is incapable of signing anything.
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