Page 3 of 14 FirstFirst 1234513 ... LastLast
Results 21 to 30 of 135

Thread: Contested guardianship

  1. #21
    Senior Member
    Join Date
    Aug 2016
    Posts
    5,452
    Quote Originally Posted by Tradd View Post
    Tybee, do your brothers and/or guardian benefit in any way financially from the status quo?
    I'm not sure; the guardians and lawyers benefit from all of it. Yes, I have seen I Care a Lot, and it's not all fiction.

  2. #22
    Senior Member iris lilies's Avatar
    Join Date
    Mar 2013
    Location
    Always logged in
    Posts
    19,218
    What kind of financial resources does you mother have? Are there assets, outside of her income?

  3. #23
    Senior Member
    Join Date
    Aug 2016
    Posts
    5,452
    Quote Originally Posted by iris lilies View Post
    What kind of financial resources does you mother have? Are there assets, outside of her income?
    Yes, she has plenty of money to see her through; she is self pay; siblings are not fighting each other; she is fighting guardianship.

  4. #24
    Senior Member
    Join Date
    Dec 2012
    Posts
    194
    In my state, getting guardianship over somebody who contests it will involve going to court, and will require an independant evaluation of mental capacity, usually a psychologist or neurologist appointed by the court (for objectivity). I would think a family attorney would certainly know how to go about this in your state.

  5. #25
    Senior Member iris lilies's Avatar
    Join Date
    Mar 2013
    Location
    Always logged in
    Posts
    19,218
    I am a bit curious as to how this guardianship for elderly parents comes to a head.

    My mother had dementia but was easily lead. When she went to a nursing home for what was a temporary stay, Starting with a physical problem, it turned out to be her forever stay. She was complainypants about it but not challenging that status of nursing home resident. She looked at it as a temporary thing and we never suggested otherwise.As time went by her dementia got worse and she lost sight of any idea of leaving.

    TYbee, what is your mother wanting to do that you all don’t want her to do?

  6. #26
    Senior Member
    Join Date
    Jun 2012
    Posts
    4,074
    Will be watching this thread with interest.
    Everything was pretty much in order for my mom to take over my grandmothers stuff, when a brain tumor was discovered.
    My situation is going to be different now. In the last few weeks, we have seen confusion in the other owner. We are hoping it is stress and the upcoming auction to raise funds for the memorial.
    However, I have seen it, and dealt with it, as well as our Tax accountant, haven't spoken to our regular accountant, but have spoken with his ex wife (still see her quite a bit), and she said he seemed off today. I don't believe anyone is in power to control his medical decisions or make him take his medications (screw up diabetes medications can cause all kinds of things).

    Things like those, could be simple fixes. If he is starting to lose it, since the ownership papers are not done, I have a fiduciary responsibility to handle the business in a way that screws me.

  7. #27
    Senior Member
    Join Date
    Aug 2016
    Posts
    5,452
    Quote Originally Posted by befree View Post
    In my state, getting guardianship over somebody who contests it will involve going to court, and will require an independant evaluation of mental capacity, usually a psychologist or neurologist appointed by the court (for objectivity). I would think a family attorney would certainly know how to go about this in your state.
    Yes, I also would have thought it would be an independent neurologist, a medical doctor.

  8. #28
    Senior Member
    Join Date
    Aug 2016
    Posts
    5,452
    Iris, she is is just saying, "no, I don't want this." Unclear if she understands what "this" is, as she is so very far gone. She does not know who anyone is, but is still a very smart person. She has brain damage. It's not that she wants to do something we all don't want her to do--well, I guess it is, she wants to "go home" although does not remember any home post 1947.

  9. #29
    Senior Member razz's Avatar
    Join Date
    Dec 2010
    Location
    Ontario, Canada
    Posts
    7,602
    Quote Originally Posted by ToomuchStuff View Post
    Will be watching this thread with interest.
    Everything was pretty much in order for my mom to take over my grandmothers stuff, when a brain tumor was discovered.
    My situation is going to be different now. In the last few weeks, we have seen confusion in the other owner. We are hoping it is stress and the upcoming auction to raise funds for the memorial.
    However, I have seen it, and dealt with it, as well as our Tax accountant, haven't spoken to our regular accountant, but have spoken with his ex wife (still see her quite a bit), and she said he seemed off today. I don't believe anyone is in power to control his medical decisions or make him take his medications (screw up diabetes medications can cause all kinds of things).

    Things like those, could be simple fixes. If he is starting to lose it, since the ownership papers are not done, I have a fiduciary responsibility to handle the business in a way that screws me.
    So sorry to read about your challenges at present, TMS. It presents so many questions about your rights as a business partner that would never usually come up in a business agreement to co-own.
    As Cicero said, “Gratitude is not only the greatest of virtues, but the parent of all the others.”

  10. #30
    Senior Member
    Join Date
    Aug 2016
    Posts
    5,452
    Quote Originally Posted by razz View Post
    So sorry to read about your challenges at present, TMS. It presents so many questions about your rights as a business partner that would never usually come up in a business agreement to co-own.
    TMS, if you co-own a business with someone who is failing, then you need a lawyer to protect your interests, too. If someone gets guardianship of the person, then they act as the person with whatever legal arrangements you have prior to the person having a guardian; the guardian becomes the person and can make any business decision as the person.

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •