What country are you in, sheneedhelp123? In the US guardianship would not be granted without the husband being informed and able to participate in the court hearing.
Not enough info here. Did your fiancé have a stroke or other condition that left her unable to oversee her own care for a while? Does she have money or asserts that the son is trying to control? Does she have advanced healthcare directives or a durable power of attorney? I would have her ask the social worker to talk to her with you in the room and tell the social worker she has her permission to discuss her medical care with you, if that's what she wants. My guess is that the hearing on the 25th is for her son to gain guardianship. These Things take time my guess is it has been enough time for it to happen. I am praying the judge looks at it from all angles and sorts it out in the best interest of your fiancé. God bless you.
If you are in Georgia and have been living together since before 1/1/97 you may be considered common law spouses, something that would be important to you. I have been to many court hearings in FL where the patients rights were challenged. Help her get her thoughts together so she can present a good case without emotion or crying. If necessary you may seek a public defender as patients have the right to be represented.
I'm not sure what a "restore center" is but I think it might be some kind of rehab facility? If so, what's the reason she's there? Was her son's guardianship the method by which she was placed there?
How did the son get guardianship? What are your wife's medical issues?
A lot more information is needed before anyone can answer, especially as to reclamation of rights lost pursuant to a guardianship.
I may be just guessing and going out on a limb - but if what you mean is she says she wants to go home, and she is not ready - then her son is doing the right thing to keep her in the rehab. Many or even most people with brain injury, particularly early on, don't realize what has happened and think everything will be back to normal if they can just go home; they are often very unaware of what they are not able to do and need help with, to the point of not being safe. Often a person with a brain injury who can't walk yet will not remember that and will keep getting up out of bed without help, and risk re-injury that way. I think it is very possible that her son is absolutely doing the right thing to insist she stays in rehab for a while and maximize her chances of real recovery to a better level of function.
So, she's not legally your wife yet, and that would be why her son was able to file for the guardianship. Will pray that the courts do the right thing for her! They will need objective third party evaluation of how she is really doing cognitively, probably the rehab center has something like that done. What does their social worker say when you ask about her guardianship and her discharge planning?
Unfortunately for you, those laws have no legal standing in this country. The son has the right to act on her behalf while she was incapacitated. Now that she is better, enjoy the time you spending with her. Hopefully the courts will see she is competent to make her own decisions and then you both can move on with your lives together.
Restore appears to be a Neurobehavioral center for people with serious brain injuries. What do her doctors at this center say about her ability to live independently again?
I'm not sure what a "restore center" is but I think it might be some kind of rehab facility? If so, what's the reason she's there? Was her son's guardianship the method by which she was placed there?
How did the son get guardianship? What are your wife's medical issues?
A lot more information is needed before anyone can answer, especially as to reclamation of rights lost pursuant to a guardianship.
I don't know, something just doesn't add up.
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