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So, my sibling and I have petitioned the courts for guardianship of our parent - who by the way years ago indicated to her attorney that she wanted the two of us to be co-guardianships should the necessity arise. I just met a lawyer today who handles guardianships (we didn't have much time to talk) and I told her my situation and that I am certain my other two siblings (who have done and do little for my parent) will contest the petition. The lawyer told me that the state specifies the reasons behind which someone can contest the guardianship. I'm trying to locate this information. Can anyone help? I'm curious to know... Please forgive me if I'm not making sense - typing quickly because I've got an appointment and wanted to throw this out to my AgingCare support group for answers. Thanks all!

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The probate court will appoint the person or persons they feel will act in the best interest of their loved one. They will show preference to the person chosen by the person, so it would be nice if that was in writing. If you've been POA, it is also an indicator that you are the one that is most trusted. Problems will arise if there is financial problems or history of past indiscretions when taking care of a parent. For example, if someone is known to be in financial trouble, they will most likely not be appointed guardian. Or if in the past they used their parents' money inappropriately, they will not be appointed.

If your siblings were to launch a dispute to your appointment as guardian, it would be most likely concerning your finance or dependability in handling financial and health issues. Would they want to be guardians themselves? Or do you think they would prefer the guardian to be outside the family? (Or do they feel that no guardian is needed?)
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JessieBelle - the two that will contest the guardianship - ironically enough - are the two most unstable children in the family. I have 20+ years of insurance, finance, banking experience. Married - my husband loves my Mom. We've both got good great jobs - we are stable. My other sister is in the medical field, married, good finances, stable. The two siblings that I feel with contest - both just went through divorces, one was taking my mother's money WHILE POA (before I got involved) - was living off my Mom. Assaulted our sister so he's going through that court case, has a protective order against him as well. Very unstable all around. The oldest sibling is also wacky. She's never had any interest in our Mom and I mean for decades. So, I'm just curious to know on what grounds could they contest. I'm not worried - I'm in good shape. Crazy how Hess things tend to play out. And sad.
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Oh and they will contest out of spite. I'm certain off it. And then the case will get ugly because all of their improprieties will come out into the open... ;(
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