Has your Mom taken what assets she had before the marriage and put them in trusts for you? And stepdad is trying to break those trusts to help pay for her care to pay for the nursing home? Or, is that he has no access to her money so he is going for Gaurdianship? If so, I can see why he is doing it. If your Mom has money of her own and needs care, then it should go to her care. StepDad has a right to protect what assets he has. He may need them for the same reason, for his future care somewhere. If Mom needs to go on Medicaid, then the assets that they share will be looked at and split. Her split going to her care.
He's the husband. How is your mom going to pay for NH care if no one is legally able to manage her financial affairs (because it sounds like she didn't assign anyone her PoA)? Your step-dad is the logical person to do it as long as he is willing and able. If the judge sees too much nasty family in-fighting over your mom's assets the court may very well decide to appoint a county guardian instead. Then all family is cut out of all her medical and financial involvement and decision-making. I realize this is a distressing situation for you and your siblings but you may not be interpreting things correctly so please educate yourself on what's really going on and for what reason. You may be shooting your mom and the rest of you in your own feet.
Don't quite understand your concern but guessing. It sounds like stepdad is petitioning the court for guardianship over your mom. He has to notify persons he believe would be interested (persons of interest I believe it's called). If that's the case, be sure to show up for court and state your concerns. As others have said on here if things get out of hand, your mom could end up a ward of the state.
My papers have gotten filed with the courts. I am on pins and needles about this entire process and pray the simple-minded siblings don't have dad become a ward just from being hateful.
My papers have gotten filed with the courts. I am on pins and needles about this entire process and pray the simple-minded siblings don't have dad become a ward just from being hateful.