the guardian ad litem included in her report to the court denegrating and disparaging even defamitory references to the caregiver with no basis of evidence to support her comments she included hearsay and produced no witnesses to support the claims. in the end, her recommendations to the court were contrary to the durable registered power of attorney and gave no apparent reason for the deviation from g.s.35A-1107 to support her recommendation for an attorney to be appointed guardian of the estate. despite evidence of no fudiciary misconduct or incompetence. after pouring over the general statutes there was clearly an abuse of discretion by the court, a breach of duty by the gal and should be a dismissal for the social service worker that willfully filed fraudulent information in her petition when she was given a copy of the registered durable power of attorney during her initial investigative visit, and based on the visual process should have concluded prima facie there was no basis for further action, but didn't. instead opting to denegrate me and my care with inflammatory statements included in her petition that i can disprove. i can produce witnesses, documents and supporting statutes to support my case, and bring it before a judge and jury confident i can win the case for mother. i need an attorney that i can bring everything to to review but don't know who to trust any more. as i have discovered, we're not the only people this has happened to, it seems abuses are rampant across the country. even after legally obtaining and executing provisions for your future you would think that that is something you shouldn't be concerned with and documents legally executed should stand in a court of law. not if they can get away with it. i found out the hard way they don;t make a record special proceedings. is it because they don't want a record of screwing someone? i thought all proceedings in a court of law were transcribed. time is of the essence now, the gal is up for a six month review in november and she's already called me to inform me she's stepping down because she 'got a job'. she already had one, i thought, she's an attorney that does foreclosures and guardianships!!!! how convenient!!!!!!!according to g.s. 32A-41 there is a penalty for unreasonable refusal to recognize power of attorney. now, am i wrong am i right to not call it out and bring an action before the court 1-2 to redress a wrong?

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Have you been to an elder lawyer your office of the aging may have one that works some hours for free. I was accused by APS but nothing came of it -my husband was a good actor and after the caseworker left I called a relative who worked in social service in another county who told me that APS does not have any power except to get people upset-and I did call the caseworker who thought he was half dead upon her visit to come over when he was doing heavy yard work. I told my story to a man running for local office and he happened to be involved with social service issues in three counties and he made a report and I never heard any more of it-but I would see my own lawyer and good luck-let us know how things go many people have had the same experience I am sure.
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