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Our nieces filed for protective orders against my husband and I without proof that anything had occurred. We were not notified that they had petitioned for guardianship until the day of court. They and their attorney knew there was nothing we could do being 125 miles away and served the day of the court hearing for guardianship. We have had the protection orders lifted but cannot afford to hire an attorney to reverse the guardianship. My husband and his brother were co-durable power of attorneys. These same nieces lied and received the court to get protection orders against us. All three of us were exonerated by the court but no one did anything to these girls. They got the guardianship so that they could sell all of mom's assets thus ensuring that my husband and his brother did not get their inheritance. I can't afford an attorney to fight this so need help to get mom back with her son's where she wants to be.

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Oh no! I had to send out to my 3 siblings even though they gave permission to become Mom's guardian/conservator. All relatives in the immediate family must be notified and the attorney can be held liable for disregard of the State law.
We have 4 SS and the oldest said she had the right to be notified as her Father's agent. NO, a POA does not give allowance for that and I ONLY had to have my SF served. SS and her attorney filed with the Court to be present(SS did via telecom) at the hearing. This didn't have anything to do with her. When her attorney, Mom's assigned Fiduciary were asked if there was an objection to SS being allowed to participate, they said no. The Commissioner didn't ask me. I stopped him before he finished being that there is no objection, I was 'excuse me your Honor I object. This is a hearing dealing with my Mother, nothing to do with her Father who was served'.
She/attorney filed to be there because I received a letter from her attorney threatening me and I told her where she and SS could stick that letter and if they showed up at the hearing I would have them removed as was my right. They were allowed to stay, but SS wasn't allowed to say a single word.
I'm sure SS will wish she had kept her nose out of it. I had financial issues SS was involved regarding $$ she took from Mom's account. I explained exactly what SS did which was bank fraud as well as elder abuse for financial gain, her Father/my Mother.
She filed to get guardianship with limited powers, she was to have me served. I kept telling my attorney I hadn't received anything. There were only 4 people who needed to be served. The major one was me as Mom's Guardian. I became 'an oversight' the day before the hearing. How does one become an OVERSIGHT FAILURE when my name/address was listed on the page of everyone who had to be notified?
Now I'm getting a protection of assets divorce for Mom. Guess what she and her attorney are going to need to answer for at the Court required settlement session?
My attorney can't threaten, but I can and I will give SS a choice of behind doors #1,#2,#3 and they all have the same prize, time in prison and/or fine.
Get an attorney and you may need one who deals with criminal law too.
You have been defamed, their attorney did not do the due diligence by the Court. That's what is so crazy here. They would have had to prove they tried but never received the signed notification back.
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1st off you could have called the courts and been included via a phone call. 2nd you say that MIL was in a nursing home for a year before they gained guardianship, you had time to get to the bottom of this and represent yourselves in court. By the way, I would have been in the court 125 miles is not that far to ensure that your MIL is receiving the best care possible. Oh wait, her wellbeing never actually came up. My bad.

If MIL is in a nursing home, then her assets need to be used for her care, it is her money.

You say you lost everything because you lost your inheritance, that is your problem and has nothing to do with your nieces or you MIL, that could be why the nieces intervened, they saw that MIL was not getting the best care possible because you were preserving your inheritance.

I don't have any sympathy for anyone that is banking on someone's death to ensure their financial future. Something is very wrong in that idea.
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JoAnn29 Jan 8, 2020
I read the profile differently. Because they had to fight allegations, it cost them everything.
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There is another thread going

https://www.agingcare.com/questions/can-dpoa-be-taken-away-by-a-person-getting-guardianship-illegally-455239.htm

Glad, the way I read the profile, BIL was accused and found innocent.
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FloridaDD Jan 8, 2020
Joann, the BIL can be found not quilty, which is not the same thing as innocent, and the judge could still find that Mom would be better off in a nursing home, and the only way that could be arranged for and paid for would be to make niece guardian and sell the property.  I do not understand where the parent of the nieces is (and presumably that parent is also a child of the mom, and sibling to the ones that disagree with all).  The judge may realize that the OP and siblings are getting older and that is the only solution.
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Was this an emergency guardianship action because of BIL's abuse of mom?

Mom's assets are for her care. If mom has liquid assets those can be used to pay for her care. Without cash mom has to pay for nursing home somehow. There is no inheritance until mom passes.

Your profile says you were coPOA with your hubs and BIL that abused mom. How involved were you with mom's care? The abuse was happening under your watch, but 125 miles away you couldn't do anything? Nieces cannot be paid for guardianship unless approved by the court. Guardianship expires on death as there is nobody to be guardian of so guardianship will not revert to you.

Sounds like there is much more to this. Additional information would be helpful.

You can get a free consultation with an elder law attorney. That person can assist with helping you to understand recourse options.
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