Need immediate legal advice (for Monday morning)... The story continues! Chapter 3

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For those of you reading my story via previous posts (I would suggest reading them, this is better than fiction), it has come to a climactic point. I was served with an Order of Protection from my cousin, barring me from seeing my grandmother with a ridiculous story attached. Even stating I threatened both of them at gun point trying to extort money. Attached to this letter was a blanket Power Of Attorney! I was dismayed. I was sure no document existed, and couldn't figure how he was able to get one right under my nose!! Then I looked at it closely.

Its the signature page from some banking transactions affixed to a blanket POE. Its an obvious fraud!!! I mean VERY obvious, different font, references the bank, references chapters and paragraphs that don't exist, etc...

How do I properly present this to the court on Monday. I have no time, or money to get a lawyer. This has all drained me and my family. I was served at 5pm on Friday for court on Monday.

This is what I want to happen:
I want a court order trust to take over care of her financials effective immediately.

I obviously want this ridiculous Order against me dropped.

I would love for him to be arrested, even for a short time, till we can see the extent of the damage.

I feel like this is the long shot, but I would like his apartment searched. My grandmother went through a phase where she was running around trading CDs and stuff. He may have access to accounts even I don't know about and/or have cash hidden (she was a pack rat).

Is any of this possible? I have never had any luck with law enforcement. I don't think I'm dramatic enough... I have a very calm demeanor, seems to make them nervous.

Do I type up motions?

Do I just ask?

Run in there ranting?

I have no idea what to do...

Thank you in advance!

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Do not rant. Take all documentation to prove they are fraudulent. Ask court to assign outside conservator and guardian to audit accounts and see if she is getting appropriate care. Reason being to remove the dysfunctional family dynamics.

Make it about what is best for grandma, not you. Be cooperative not confrontational. Stay calm, cool and collected.
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The results from your hearing on Monday will largely be based on credibility. Does the judge find you more credible or your cousin more credible? If you use words like 'kidnap' 'terrorist' 'hostage' 'drugged' the judge will have a preconceived notion that you are a kook.

Will he have a witness to back up his allegations that you made a threat? Do you have a witness to counter what happened? I'd be concerned that someone from the AL home will be there to testify regarding what you said.

Otherwise, focus 100% on the information that shows that the POE contains fraudulent information. Judges hate forgery. Especially forgery on a court document. If s/he agrees with you, then you will have the credibility to press the issue that you have reason to believe that your cousin is 'financially exploiting' Grandma.

Most people in court without an attorney let their emotions get away from them and start off on a tangent. Assume that you will only have 2 minutes to present your case. Write down and practice what you want to say in 2 minutes. S/he doesn't care about the back story. The judge may give you more time, but don't count on it. But if he/she does give you more time, use the next 2 minutes to present the most important information. And if the judge asks you a question, give a short answer with the most important information. Hopefully this will prompt the judge to ask for more information.

Wear business-like clothing. Think 'church clothes.' Arrive 30-60 minutes early and observe. Prepare copies of any documents that you want the court to consider so that you can give them to the judge. Organize and label your paperwork so that you aren't flipping through things.
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I think there are two different "court" threads. Lisa To make Hernandez was going to eviction court on Friday. This is a different issue and a different poster.

If you put Without A Paddle into the search bar, you will see her posts.

I know of several folks who lost their lives in Sandy because they wouldn't evacuate. And several more who put both first responders and loved ones in mortal danger because they wouldn't evaucaute.

I wouldn't tout that as evidence of her sanity or good sense.

If you must appear Monday, do so, but tell the court that you need time to seek legal representation for your grandmother and the funds to do so.
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Aging care posters, in general, are not able to give legal information. Have you tried going to Legal Aid in your town or county? Most jurisdictions have them. There is something missing in the information.
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Without, in your first post, you say cousin has financial POA and that you asked for his help with fianancials. In second post you say he might have POA. Now you say he has a fraudulent poa.

You also are at odds over where grandma lives. She wants to be at home. Lots of elders want that. It's not always feasible. You also say that she's had dementia, including paranoia for a long time.

You state in first post that she's in an admittedly wonderful place. Now it's a hellhole. And that she's not getting treatment for her condition.

What treatment would you like her to be getting? Will she get that more easily at home?

As Glad says, try to look dispassionately at what grandma needs, not necessarily what she wants, which given her condition, may vary widely from day to day.
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Go in and give the court any documentation they ask for. Answer the questions the judge asks calmly. You show drama, changes are nothing good will happen.
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As long as the cousin continues to use the grandmother's funds and assets to pay for the expensive ALF in which the grandmother was originally placed with the OP's knowledge, I'm not sure why the court would intervene.

Withoutapaddle, I do honestly think it will go down better with the court if you show at least some awareness that at this hearing on Monday you will be the one defending yourself against a serious accusation. It has been alleged that you made threats, armed with a weapon. This is not a context in which any counter-allegations you make are going to have any credibility. You would do better to think about how you are going to refute, or at least explain, the account being given of your actions.
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Paddle, if she's got paranoia, anxiety and agitation (and it sounds like she does) she needs meds. She needs a qualified geri psych to oversee that. Have you worked with the AL on getting that for her?

Look, most demented elders want to "go home". It is either simply not affordable for them to have 24/7 in-home care, or it's just not enough care for them. In home care givers aren't nurses.

I always compare what my very wealthy and willful Aunt and Uncle had (24/7 "aides" -- folks doing their bidding) vs. what my mom had--middling grade NH care; professionals around the clock and specialist doctors at the ready when something untoward occurred. My mom got MUCH better care on every objective measure.
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You spoke to the director of the AL and told director that the cousin was not to have further contact with GMA.

Hmmmm. So he gets an order of protection, barring YOU from seeing GMA.

Sounds very much like a family squabble to the court.

You mention that it would have to be " her caregiver, or guardian" who filed for an order of protection. Does GMA have a guardian? You mentioned in a previous post that you were going to file for guardianship. Did you? If you have filed for guardianship, it's important to document that at this hearing.  Getting guardianship is going to cost several thousand dollars.

How did you make requests for funds to be released for home modification? To GMA? Or to cousin?

If you were overheard at NH asking for GMA to release monies, that might be misinterpreted as extortion by someone who doesn't know it's gma's home, not yours, being modified.

Is it possible that GMA complains about you to cousin?

Have you told GMA you suspect cousin is stealing her money?  

Have you talked to Gma's lawyer about any of this?

Do you pay rent to Gma?

I'm not trying to argue with you. I don't need you to answer. I'm just bringing up points that may be raised in court.
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Didn't mean to go MIA, but my cousin is turning off everything and harassing.

SO we entered court and the judge interrupted me stating Adult Protective Services is postponing the case. Apparently I got to the right people. I am starting Guardianship as of tomorrow, the DA has started an investigation and things are rolling along.

I am subject to A LOT of harassment at this point, but I look at it as a victory cheer :)

Right now it seems we went from nothing, to 100 things in the air... I will update when some start o land.

Barbara TY for hugs and wishes, they help!
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