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My mother-in-law, who will be 88 in September, has early stage dementia. My wife (we've been married 7 months now) is her legal guardian and financial conservator - the third person to hold that position over the past 4-5 years or so (the first was my wife's cousin; the second was a professional company called "Connections"). My wife's cousin first got the conservatorship after my mother-in-law fell for the "Jamaican lottery" scam, sending tens of thousands of dollars to the con artist. She also swore that the con-man "loved her" and she was going to get a passport and go to Jamaica and marry him there. She would not even believe the county sheriff when he tried to tell her she was being scammed (they were investigating a money-laundering scheme the scammers also got my mother-in-law involved in). In fact, she STILL thinks she won the Jamaican lottery and thinks she is being "punished" by losing control over her finances. The cousin was granted guardianship after my mother-in-law fell outdoors in the wintertime and barely managed to crawl to the house, so he decided it would be best to move her to an assisted living facility and to sell her house so she would have money to pay for the assisted living facility. (Incidentally, the only reason my wife didn't have the position of guardian and conservator first, instead of her cousin, is her abusive and controlling ex husband would not allow her to do anything to help her mother.)


Connections took over when the cousin moved to Florida. When my wife was abandoned by her ex husband, and she divorced him, she requested the guardianship and conservatorship. Her mother complained constantly about how things were at the assisted living facility (she got stuck in the elevators twice, got run over by another resident on a scooter, and spent most of her time in her apartment despite efforts of staff to get her to participate in activities). Also, her money was running out at an astounding rate - up to $5,000 a month spent on rent and a "visiting angel". My wife got permission from the probate court to use her mother's funds to buy a house where she could take care of her mother (several hours' drive north of the assisted living facility). The mortgage is under $1,000 per month, and she pays rent that covers nearly half of that, thus helping to preserve her mother's assets.


Now, my mother-in-law calls her old friends up and complains that this "isn't her house", says she doesn't have a guardian, swears that God promised she would have her old pre-assisted living house back miraculously, says she has a "boyfriend" who will come here and marry her, and claims my wife is "spending all her money", despite the fact that as conservator my wife is required to keep detailed records of expenditures. One or more of my mother-in-law's friends have even sicced the Department of Human Services on my wife. Despite no evidence of wrongdoing, they continue to hound my wife, even trying to convince her to turn the conservatorship over to someone else (my mother-in-law thinks she should be able to handle her own money, despite her inability to do so - she gives all of her allowance away to various TV ministries: sometimes, the same one several times in a single month!). The DHS agent came by again today, and my mother-in-law lied to him and told him that she had fallen down while my wife, my mother, and my kids were out celebrating my daughter's birthday on Saturday (my kids are from MY last marriage). She told us on MONDAY that she had fallen, but I call BS on that as she would not have been able to get up on her own, and she was getting around just fine with her walker (as usual) on Sunday. SHe has a long history of lying to people to get her way or to gain sympathy, and then the people she gulls cause trouble for us. What can we do about it?

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Worst thing is, the DHS agents that have been sent have been dishonest with us. The first one didn't even bother getting her facts straight and caused enough other problems that we filed a formal complaint against her with her supervisor (we found out, later, that that agent has a BAD reputation locally), while the current one told a bald-faced lie right in front of the court's guardian ad litem and my wife's lawyer - the three of them and my wife and mother-in-law all met last Friday, concerning an upcoming hearing on June 4th, and the DHS agent said that he wouldn't file a petition to have the conservatorship changed until he heard what the judge had to say at the hearing - and my wife got a letter in the mail TODAY that said he had gone ahead and done just that! Seems to me that sort of dishonesty should be admissible in court as evidence that anything he says cannot be trusted. Their job is NOT to ensure my MIL's happiness (the things she says would make her ahppy would either not be in her best interests, or are simply not feasible), only to make sure she isn't being abused, neglected, or taken advantage of - and they have never found any evidence of any of those things. My wife loves her mother, despite the problems, and she WAS settling down until the case got transferred by the probate court downstate that had been handling it, to the local one - and that started fuelling my MIL's "I get to go home now and I'm going to get my money back!" fantasies. If the authorities would just leave us alone, she'd likely settle back down again and start adjusting, like she had started to do. She has complained and made trouble for EVERYONE who has been her guardian and/or conservator, we are just the latest victims.
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I understand how you all feel about DHS and their bulldog tactics. All I did was ask for assistance in fixing a hole in our floor when I met with our Community Officer, a fireman. He contacted Jobs and Family Services who for some reason that is still beyond me, contacted APS. I was called more than once by a very pushy caseworker who consistently tried to convince me to put my husband in a facility. When I ignored her, she sent the police out to do an unannounced well-check. I was furious.

It sounds like your wife and now you, are controlled by her mother. She (your MIL) is totally off the chain behavior-wise. My advice? Find a safe, supervised place for MIL to live according to her needs. That place should NOT be with you. Then, find an attorney and have them write a letter to DHS. If DHS has no proof of wrong doing, continuing to hound you is harassment. Even DHS is not allowed to do that.

I would have MIL evaluated by a neurologist and a letter written by them stating that MIL is not competent and is mentally ill. If that’s already been done, then just get the letter. There should be a detailed list of the things MIL has become involved in, such as the scam and her Jamaican “fiancé”. A letter from the authorities when they tried to convince her it was a scam wouldn’t hurt. Build your case and find her other living arrangements. Also,give your wife a break with not being the “breadwinner” because she works part time and has her own business. (As per your profile) She has a lot her plate and this may be all she can handle.
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MiSonInLaw May 2019
We already have a letter from my MIL's doctor saying she has dementia and that she should not live alone. The local Commission on Aging, and even the DHS, acknowledge that my wife is doing a good job as GUARDIAN. My MIL wants full control of her money back, and she is mentally incapable of handling it, and she has complained and caused trouble for EVERYONE who has had the position of guardian and conservator. This is a documented history, we have letters and other evidence, my MIL even showed her true colors in a 5-way discussion between the DHS agent, my wife's lawyer, the court-appointed guardian ad litem, and my wife and her mother last Friday (where the DHS agent showed that he, himself is less than honest). The DHS agent appears to be IGNORING all this evidence, and only listening to my MIL's lies and complaints. Thing is, his job is not to ensure her happiness, it is only to see that she is not being abused, neglected, or exploited - and the evidence is in OUR favor, repeatedly. There is one friend of my MIL who seems to be the biggest troublemaker - my MIL calls her all the time with her lies and complaints. The friend has been informed by several people what the true situation is but she continues to add fuel to the fire.
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To be very honest, I believe you and your wife are at risk. Of course your wife meets her responsibilities and satisfies the court who gave her guardianship/conservatorship.  However, you and she might ask yourselves if it is really worth it to be involved with a nasty liar? Even if a public guardian does not spend mom's money as wisely as your wife (and I don't doubt that your wife does a much better job), do you really think the hassle is worth it? There are situations where looking strictly at things from a money standpoint is not wise.  This may well be one of them.  APS has a lot of power and legal remedies behind it. Your MIL will undoubtedly keep lying, her silly friends keep believing lies and causing you and your wife trouble. Keep in mind the mandated reporter part of the laws. I have been a mandated reporter, and when I asked whether I had to report nonsense, the answer I got was that unless I knew absolutely it was nonsense, I had to report. There are good reasons for that. Remember their job is to protect the vulnerable elderly and they have teeth. They are not in the business of happy, happy families (nor should they be).  They are not on your side really. Doesn't mean they are vicious, but their job is what it is. So what I believe you and wife need to do is ask whether it is really worth it, a hassle, risk you are willing to take.  And keep in mind - you are newly married, with kids, trying to establish a family life.  Isn't that more important?
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