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I have been caring for my grandparents for the past several years. They have 8 children. My mom and I live with them. My mom has health and financial POA. Grandpa has recently passed. 2 of my aunts and 2 uncles have become very controlling and just want grandma's money. They don’t care about anyone, not even their own mother. Grandma gets very agitated after they visit. They know nothing about her, not even her age or what year she was born in. They recently had petitioned for guardianship. What would it be like to fight it, with my mom and aunt who have POA and secondary POA? The siblings that have filed have not been involved.

Wilson93, it's difficult to provide any reasonable answers to your questions as you have declined to provide any responses to the detailed questions asked about your situation. In general the judge will consider the facts - those are PROVEN information, not allegations vocalized by either party. In the absence of facts, the judge will probably decide who is most creditable, so if the petitioner proves one fact and you prove none, then the petitioner may very well be considered more creditable and their vocalizations given more weight. Based on the judge appointing a temporary guardian and an accountant as conservator, it would appear the judge believes at least some of the petitioner's allegations have some basis and/or the POAs didn't/couldn't disprove them. Your question asking about how much the judge will "look into things" leads me to think the POAs have not engaged an attorney. If you want more help, you will need to provide at least a few more details.
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Reply to TNtechie
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Went to court today. And they appointed the one aunt as temporary guardianship. And an accountant for financial. Grandma needs to see a neurologist first and we go back in January. The attorney that was appointed for grandma from the court even opposed the temporary guardianship. How much will the judge look into things to determine?
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In TN guardianship/conservator is usually the same thing - total decision making authority like the principal was a minor. The court may split the responsibilities, but doesn't usually here since some kind of family dispute is the normal basis for the petition.
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In order to gain guardianship your aunts and uncles will need to prove (1) that your grandmother needs guardianship (is incompetent to manage her own affairs); and (2) that her chosen POA is not taking care of your grandmother in some manner - not getting/providing medical care, socialization, nutrition, physical needs (bathing, incontinence care, etc.), housekeeping. Sometimes a plan for how they would manage grandmother's care differently is also required.

The petition for guardianship must explicitly state these points. You must provide evidence these statements are false and well as give the court a view of the care being provided. Normally a guardian at litum will be appointed during the guardianship process that will interview everyone involved (including grandma) as well as review your grandmother's medical and financial affairs.

I encourage you to get an elder care lawyer who has contested guardianships in the past. If you can prove your case to your lawyer, he/she may demonstrate why you will win to the lawyer your aunts and uncles have engaged. Sometimes these petitions can be dropped before they go to court when the other side realizes they are going to lose.

If you will post the allegations made in the guardianship complaint, we may be able to offer advice on how to counter the specific claims your aunts and uncles are making.
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I am surprised that people are posting that guardianship includes financial. Guardianship dictates where she lives and gives permissions. To obtain financials, that is conservatorship. If mom already has POA and health proxy documents from mom, bring them to court. Your family will have to bring proof as to why they want guardianship.
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Reply to MACinCT
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Pretty much everything I know about court procedure comes from watching court TV but one thing that I've learned is you must have all of your facts documented and your case presented in a clear, concise way. In order to wrest authority away from those appointed your relatives are going to have to try to prove they are more fit as guardians than your mother, possibly with a smear campaign. You all need to be able to prove they are wrong by accounting for her quality of care and for her money.
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Reply to cwillie
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Your grandmother, and possibly your mother too, have received notice from the court that up to four of your grandmother's other children have applied for guardianship of their mother.

Why have they?

I'll tell you what. They are not going to go to court and say please give us guardianship of our mother, your Honor, so that we can get our hands on all her money for our own use.

No, of course they aren't. So: they will go to court and say... what? What are their stated reasons for making this application?

If you are going to support your mother and your secondary POA aunt in contesting the application, you need to be much clearer-eyed about what you'll have to contest.
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Reply to Countrymouse
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If they are seeking full guardianship they will then be responsible for ALL of G'ma's
care. They will be the ones that must feed her, provide the food, provide the clothing as needed, transport her to the Dr., make future appointments, pay for the utilities, keep the home in good enough condition for habitability, Wash/bathe her, dress her, and answer to the state if anything goes wrong or isn't correct.
The court determines what limitations on set for the guardian.
Oh and if you continue to live and provide the actual care, you may be able to file for compensation for your time from G'ma's funds. Meaning there will be less monthly money to pay bills.
Where I am, if I decide to place my DW into a care facility, I need to notify the court and actually obtain permission.
And how I love those receipts that must be kept for all expenses. Try getting them for slot machines.
If you go into court to fight them besure you can provide the necessary documentation you are providing and make it clear that you will discontinue paying for any of it and the guardian will have to start providing funding for those expenses.
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Reply to OldSailor
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If you want, I could do you a lawyer's list of what information you should get together. It would help you if you go to court in person, and also save time and money if you are going to get a lawyer. However it is quite a bit of work for me to do, so please reply to tell me whether to go ahead with it.
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Reply to MargaretMcKen
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They need to understand that with guardianship they will have to account for every penny of Gma's money they spend to the State. There will be no taking money for themselves. Also, once Gma passes, guardianship ends and if she has a Will the executor takes over.

They will need to prove Gma's incompetent. Then show why they would make the better people to handle grandmas finances. Hopefully, you have kept records. You may want to have her PCP write a letter saying Gma has done well under your care. You can be at the hearing and contest their guardianship.
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Reply to JoAnn29
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Check with your local probate. You may find that they have to serve a letter to grandma of a court date. This is in case grandma is competent and he can dispute guardianship. Make your appearance in her place. Bring evidence of her address and bills that you pay for her. If you can afford it, consult a lawyer
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