Mom had a living trust and will that said how her life was to be in case of being incapacitated. Her spouse made that happen took the will and trust there are no copies and a temporary conservatorship / guardian was and is in place right now. We had an attorney but she made a lady that we had just moved into our home to help care for her made her POA with out telling anyone about this. In fact that court date I was told by this attorney that I need not be present to find out that court date was for POA. She did the same thing a month later but took her off POA. That's when the spouse had already in place and mailed to everyone involved a petition to have the courts assign guardianship to someone. Her trust and will both say that her son, me, was to be durable POA but that never happened. The spouse's family made sure we didn't recieve any mail from the courts and our attorney stopped talking to me after my relentess efforts to get a answer from her as to why she did what she did. Meanwhile time goes by and I have a week to submit my objection to the guardianship and is my only and last chance. Only other time I tried to do anything as far as what documented by the courts was trying to get a continuance little over a month ago so I could have time to get what needed to be done done. I had taken a year off work to care for my mom and with great progress I will add to have her taken because of lies and slander by the spouse and their family and then told the family doctor that I took her off all 21 medications and is why she had a stroke. Dr wrote this to the courts all based on hearsay. We have a over $900,000 estate that our attorney did manage to stop the sale of because we want to buy spouses share and he has been saying no. Plus the people waiting for over a yr to get this place because he listed it at $300,000. Now mom is in guardianship, I have no say as I have been slapped in the face if you will everywhere I turn. P{lease help ive been tring to get help but now i have my job back so i can get someone that can do something randy thomas is the other parties attorney erica bansmyer was oursmy name is jeff
First of all, sorry you are going through all of this. First of all, I am not certain of your Mom's mental capacity at all. If she has little mental capacity it is time for her to have a guardian to handle her care, her finances and her placement. Generally the law prefers to keep such things with a family member if the family member is adjudged by the court to be well able to render the care, decide the placement, handle the finances and keep meticulous records. I have to say that I have read this twice, and I am unable to comb through things. I cannot even tell who not has temporary guardianship for Mom. I will only say this. You say that the "other party" has a lawyer and is asking for guardianship of your mother. And you say that you have a lawyer and are asking for guardianship, if I even got that part right. If this is so, then it is in the hands of the court to decide who is the best guardian. Generally they will choose first a spouse (if able and willing to serve). Secondly generally they will choose a child (if able and willing to serve.) Sometimes, with a huge in-family fight an attorney is also appointed for the person who requires conservatorship. It can be a real mess and it can be hugely costly, and sometimes the family is in such a go-nowhere bicker that the court makes the STATE the conservator. In that case, no one in family will have anything to say going forward about expenditures, assets, and placement. When you appear in court to ready to be calm, coherent, and able to prove that you are capable of deciding care ongoing and presenting to the court meticulous records of all expenditures.
You have Lawyers and the case is moving forward. That is about all anyone can do for you. You lawyer will guide you in what you should do.