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my sister obtained a court ordered guardianship without informing the court of previously executed durable POA, a healthcare POA, advanced directive and medical surrogate. I have these documents and I am not sure what to do. They were executed prior to incapacity. My father and myself were not aware of the guardianship proceedings and all the court documents I have seen that were presented by her to the court were full of lies. I again tried to execute these documents because my father is being held at a nursing home across the street from his home and he wanted to go home, but the nursing home threatened to call the police on me and my father has repeatedly expressed his wish to go home. what can I do. can I sue my sister. how do I tell the court she lied. how can I get my POA to be honored by the court. I need help. my father has a great deal of money but my sister and the professional guardians are going thru it rapidly. my father had transfer upon death accounts. they already liquidated my life insurance policy my father was holding for me. how do I stop this.

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I'm wondering as well why you and/or your father didn't receive notice of the guardianship hearings. You should check the court files to see what attempt of service was made; it might even have been by advertisement if your addresses weren't available.

I don't understand also how your father came to be placed in a nursing home; was this after the entry of the guardianship order?
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What professional guardians? Does your sister have guardianship or was a guardian appointed by the court?

Did you make the NH aware of your POA when he was admitted?
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"My father and myself were not aware of the guardianship proceedings"

This is entirely contrary to how a lawyer once explained guardianship to me. I would look into the laws of your state. The person and immediate family members are to be informed. There needs to be the testimony of two doctors declaring the person incompetent. This whole process is done in court before a judge with concerned family members who choose to be there present.

Has this process been followed? If not, then you have a legal complaint, but if not a legally done guardianship trumps any previous POAs.
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Is this an accurate summary: You have POA for Dad. Dad is in a nursing home. You, and Dad want to get him back to his home. Sister has legal guardianship and nursing home is abiding br this document to keep Dad in nursing home as per her directive.......

Questions.....Is Dad mentally incompetent? Is he able to reason and make decisions for his own good? Keep in mind people can want this or that and complain but in fact be mentally incompetent. Just because he says he wants to go home does not necessarily mean that he should.

I guessing you and sis are having major disagreements about Dads care. You want him home, she feels he needs to be in care. I have no idea who is right. You should see a lawyer but it's my guess that legitimate guardianship is going to trump a previous POA.
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