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Great Aunt is 99 year old widow legal guardianship. Aunt has two siblings in their 90s. A non family member has been granted legal guardianship. Family members are scrambling as to what to do. Her brother was paying her bills and taking care of her needs and had a live-in assisting her. The person who with legal guardianship lives out of state and plans to move aunt. I need answers as I don't know where to begin to help my family. Thank you!

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I apologize for referring to my aunt as my great aunt. My aunt IS my father's sister and not his aunt. Why I misstated that I have no idea. Nerves I guess. I apologize for the confusion. Again thank you for the feedback.
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Lovethem: See CM's statement and pls respond to "your great aunt would be your father's aunt and not his sister"=confusing.
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Lovethem7: You are confusing. I am with churchmouse.
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Agreed cm!
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Keep picking CM!
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I find this confusing: you say, "my dad has reclaimed legal guardianship over his sister."

Your great aunt would be your father's aunt. Not his sister. I'm sorry to be picky but could you just confirm what relationship this lady has with you and your father?
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Good luck. I hope you can win for the sake of family guardians as opposed to commercial guardians for hire.
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I was speaking about my Great Aunt. However someone mentioned in a post that normally when a non-family seeks legal guardianship over someone the family is notify. I was acknowledging that my dad was notified but he never opened the letter. At this time my dad has reclaimed legal guardianship over his sister. We have also retained an attorney to help us; because we found out legally we can not keep this person from contacting my Great Aunt. Therefore we need to build a case. Thank you all again for all of comments. They have helped tremendously!
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Lovethem7: What letter was mentioned in this thread? I can't seem to find it. First we were talking about your Great Aunt and now you've changed it to your Dad. Very confusing!
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"This lady's mother is the former mayor of the town they live in. I am sure they know the system much better than we did. " I think you've found out something about the system that not many people know.

I also think I would find an aggressive attorney, a litigator in a firm with elder law attorneys, and ask about injunctive relief initially to prevent the move and following that to challenge the guardianship for cause.

This really upsets me. I hate to see people victimized by the system. I suspect some collusion is involved somewhere. If it can be brought to light and exposed, it would help others with unwanted commercial, for profit guardians.
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First and foremost from the bottom of my heart I want to thank the community here for the information provided. I have been MIA because I can not go to my dad to help him sort all of this out. Until the 28th of this morning because of other obligations. But l lit a fire under my brother. He is complaining but taking the necessary steps. My brother discovered, as mentioned in the thread, a letter, from social services, was discovered that said all of my aunt's support was senile and elderly; my dad has been in the hospital and never responded. An agency worker who has helped my aunt in the pass. Notified me that the lady who has this representative payee status plans to go to New York and bring my aunt back to Florida on the 24th. I thought it was interesting in the thread that someone mentioned dealing with powerful people. This lady's mother is the former mayor of the town they live in. I am sure they know the system much better than we did. My aunts live in aide, who reports to me regularly overheard my aunt telling this lady "she can't move" and she is not moving. This is a mess. My dad does is not understanding that "next of kin" meaning nothing against legal precedent. The family dropped the ball. My aunt was taken care of, her bills are paid on time, she has regular medical care and is at home like she wants to be; but no one claimed any type of guardianship because I think the thought behind it was she still had a trace of independence. My aunt's brother go to her home everyday and call several times a day. This woman spoke directly to no one and went about her business to make sure aunt is care for. She claiming to be my aunt's geanddaughter. Which makes unsuspecting people ready to help her. My dad is 90 and my dad's brother is 93 and there is my aunt. My mom, who struggles with hip and knee pain; cares for my dad and my invalid sister. That was a side bar. We have filed fraud claim. But I think there is more here than I am suspecting. My dad and my brother are back to social services with requested documents. Thanks again for all of the valuable information. I am in the process of retaining a lawyer for what we may be missing. Blessings to all! I'll keep you all posted!
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*hear* from you.
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Yes, I agree freqflyer. Let's here from you, Lovethem7.
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Lovethem7, if you are on-line, please stop by this thread and help us by clarifying some the questions we had asked so we better understand what is going on.
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Shouldn't you perhaps give this difficult situation to an estate law attorney?
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It cost me 26K to fight a guardianship of my mother because of a psychopathic sibling who wanted her money.I won,if I can even say that.A guardianship trumps any POA's so I don't think you have any recourse but definately disuss the situation with an elder attorney.
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First, I think I should point out that something stinks here. It seems like the guardian is probably up to no good, and if something seems a little off, it probably is. I'm wondering why the guardian lives out of state for starters. Anyone with guardianship should live close to the ward or even have the ward living with them. I knew some people who had a guardian, and the guardian always kept the ward very close. It seems like the Guardian also has bad motives, especially if the ward happens to be wealthy. Another bad motive is possible abuse, especially since you mentioned the guardian wants to move your loved one away from you. Yes, legally the guardian can do what they want but within reason. Yes, they do have full control over all aspects of the person's life but they must know how to not overstep boundaries or even morals. What I would do is contact the court and bring up your concerns. You'll probably need an elder care attorney who specializes in these matters, but I must warn you that if the guardian happens to be a powerful member of the community, it will be a hard one to win, so good luck on that one
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RM, nor would I. The thought of some weasel draining my father's assets and dumping him in some care facility makes me livid. I know enough from the comments of people who know nothing about him that they wouldn't even give him the benefit of consideration to continue living in his own home.

They judge based on age and medical conditions and can't look beyond that to see that this is still a very alert man, knowledgable, intelligent, and interested in the world around him. How many people could have undergone L and R hip fractures, rehabbed not only from the fractures and surgeries but to the point that he can still walk on his own, and still plans woodworking projects?
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This is exactly why I am and always will be my adult disabled sons legal guardian. My son lives at home and just before he turned 18 I began the guardianship process. Shortly after, my sons caseworker approach me saying my son could continue to live at home and I could be paid a significant sum of money to be his caregiver BUT not if I was his guardian. For me it was a no-brainer. There is no amount of money that would ever be enough to turn my sons life over to any one else.
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Ricasaurus, thank you for raising this troubling issue. I saw a few examples of this when working for a so-called elder law attorney. The guardian's actions were despicable.
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Curious why a out-of-state non-family member was granted guardianship. Why someone from the family wasn't named Power of Attorney? Or was the Great Aunt unable due to memory issues be able to appoint a POA? What is the back story regarding this situation?

I can see why neither of your Great Aunt's sibling were granted guardianship due to their advanced age. You wrote one brother "was" helping out his sister, is he unable to do that now? Is he now in need of care? Who is helping him?
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Consult with an attorney who handles those types of cases in that area. A guardianship is court ordered, so there should be information with the court on how things happened. Normally notice to family members is required. I'd get legal advice to confirm what happened, how it happened, if it was done properly and what the options are at this time. I would do without delay. I've never heard of the court granting guardianship to an out of state resident. Sounds odd. I'd get the facts in writing.
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