I assume there was no will? In Maryland an attorney was appointed by the state. My sister had no will. Mom had been living with her to help care for her son. Mom stayed in the house until end of school. Mom did handle the sale of stuff handing money over to the lawyer. The lawyer would have had to handle the estate if Mom had not been there. In the end, my parents, me and siblings got an accounting of her estate. Since there was no money, no one inherited. So I think the answer is No, a guardian doesn't have to keep you in the loop. In the state of NJ you do need to contact any interested party's telling them the estate is in probate. I guess once you get the accounting you have the right to protest it.
I was appointed in the POA to be agent if/when a Conservator is needed. I filed for Conservator, then my sister filed, opposing me. Now she is asking the court to advance her the attorney fees, out of her, future, (if) inheritance. I am opposing this, and this is now in court, and will probably go to trial. In the meantime the court appointed a temp guardian. Why is this? My mother also appointed me in her estate documents as succ trustee, Executrix, POA for Health and financial. Now the court is acting like her estate planning documents don’t exist. She has had the docs since 2001. What the hell?
Barbara- what is likely happening is that the judge placed a temporary court appointed guardian as there’s family infighting. Judge isn’t going to want to deal with family drama, long held grudges, mendacity..... so names outside person. Done in the hope that family will realize it’s better to work together and everybody gets all kumbaya for the sake of mom.
Do you have an atty? If not, you need one & one that is used to litigation. Sissy probably does and they are likely to paint you as having undue influence on how mom’s paperwork reads.... that it wasn’t her wishes or intent....and you’ve somehow benefited as dpoa. If you have any credit history or old legal issues issues or have anyone in your household with them, expect that to be brought up. You need to go in prepared to counter whatever she says and if she has credit issues or anyone in her household does it needs to be presented. Atty can pull deep background on her.
If there’s an impasse, judge can keep the outside guardian so family removed totally. In larger counties there’s existing lists of vetted guardians at the ready. Judge really takes no truck in their court so if family starts to digress or sniping, judge is going to go to the outside guardian and move on. If that’s the vibe, I’d suggest you ask to be named the medical contact person for mom and work with the guardian to get her care provided and paid. What may happen is at the 6 mo point, the guardian files the required report & within it asks judge to relinquish his appointment as guardian over to family, like you!, as you’ve work with him and have done an exemplary job in dealing with mom’s health care issues.
I have been appointed as wife's guardian and I must file budgetary statements annually and notify anyone that may be concerned with my intentions, expected expenses, amount of care or plans for care. This is supposed to give her family a chance to contest the plan or expenses before the plan is implemented. This includes her attorney which only charges if there is contest of the plan. If there are no contests then the judge usually approves the plan after some questions directed to me and any law that may place restriction on what I plan. Who gets notified is basically up to the judge. This all depends on your local and state laws, here at least.
Do you have an atty? If not, you need one & one that is used to litigation. Sissy probably does and they are likely to paint you as having undue influence on how mom’s paperwork reads.... that it wasn’t her wishes or intent....and you’ve somehow benefited as dpoa. If you have any credit history or old legal issues issues or have anyone in your household with them, expect that to be brought up. You need to go in prepared to counter whatever she says and if she has credit issues or anyone in her household does it needs to be presented. Atty can pull deep background on her.
If there’s an impasse, judge can keep the outside guardian so family removed totally. In larger counties there’s existing lists of vetted guardians at the ready. Judge really takes no truck in their court so if family starts to digress or sniping, judge is going to go to the outside guardian and move on. If that’s the vibe, I’d suggest you ask to be named the medical contact person for mom and work with the guardian to get her care provided and paid. What may happen is at the 6 mo point, the guardian files the required report & within it asks judge to relinquish his appointment as guardian over to family, like you!, as you’ve work with him and have done an exemplary job in dealing with mom’s health care issues.
If there are no contests then the judge usually approves the plan after some questions directed to me and any law that may place restriction on what I plan.
Who gets notified is basically up to the judge.
This all depends on your local and state laws, here at least.