I have POA for my mom. The state took me to court and got Guardianship. How is that possible?

Did you have an Elder Law Attorney represent you in Court? I assume you went to the Court hearing regarding the guardianship. What did the Court tell you?

Doesn't make sense that no one knew where the Social Security check was going. It's identified by Social Security number and the forwarding to the bank would be noted, unless for some strange reason your Mom was taken off of SS by mistake.

No i didnt have time for a lawyer, i got the court papers in mail fri, and court was yest tue the 6th. My brother just informed me today about the elderlaw attorneys. The nursing facility she lives at petitioned all this gor michiana gaurdianship services to take guardianship. I was never informed about any of this till i recievwd my court papers, and even then was too late supposedly they took over on may 12th. Which wasnt notified until the day of court that this even took place. The judge would not even look at my power of attorney papers, or any other paper work i was told to bring. I just dont know how this is legal or even right..😞

No i didnt have time for a lawyer, i got the court papers in mail fri, and court was yest tue the 6th. My brother just informed me today about the elderlaw attorneys. The nursing facility she lives at petitioned all this gor michiana gaurdianship services to take guardianship. I was never informed about any of this till i recievwd my court papers, and even then was too late supposedly they took over on may 12th. Which wasnt notified until the day of court that this even took place

Did you visit Mom a lot? My three sisters and I were in NH at least once a week each. The staff knew us and liked us. (They got us mixed up sometimes. We gave them a picture of the 4 of us with names on it!) So I can't imagine that they wouldn't bring this kind of problem up with us directly. "We are supposed to be getting you mother's SS checks and they aren't coming here. Do you know why? Could you look into it?" I just can't imagine them not coming to us directly. So my first puzzle is why you were not brought into this much sooner.

I imagine that there is a process to appeal the court's decision. The next time around you'd have all the documents and whatever you need, with an elder law attorney.

But before you go to that expense and stress, what is it that will be different for you or for your mother with the state taking guardianship? Why is this such a terrible thing? You are not being restricted from visiting, are you?

If you are POA and her bills weren't paid, you are responsible. The fact that you never double checked where the money was going is negligence. You need to go to the social security office to get that information. You cannot get POA back unless you show the facility was paid.

.... How was the facility being paid. Meaning what was the actual process they recieved their money? Was it auto pay from her account or how ?

You definitely need to see a lawyer. In some states, the person over whom the petitioner seeks guardianship is required to be represented, even if she cannot afford a lawyer. As for the SSA, I assume you are her rep payee, so if the nursing home had a problem with getting paid, they should have reached out to you as her rep payee. No need to seek guardianship to deal with SSA on behalf of a disabled or elderly person. What did the petitioner list for reasons they sought guardianship? Did you get a chance to speak at the hearing and object on her behalf as her agent under a DPOA?

...exactly, court processes are to give proper and sufficient notices (usually 30 days at the least 15) . .. also you are allowed the right of representation regardless the issue and the right to appeal any decisions made. But strict time lines are attached to windows of appeal.

What you're describing sounds very suspicious. What you're describing really sounds like abusive guardianship. Just from your description I knew right away what happened, I just spent all night last night learning about this topic and what really goes on under the publics noses and no one really seems to know until someone is targeted and it happens to be one of our elders. That's why I didn't have to really read very much of this post to immediately recognize something is amiss. What you're describing sounds exactly like I didn't have to really read very much of this post to recognize something is amiss. What you're describing sounds exactly like Abusive guardianship. You really need to learn about it, it happens more than you think. It sounds to me like your mom probably had some money and assets somewhere, and now they made their move and grabbed her first along with everything she had. Be very wary of those estate planning seminars out there, it's more than just a seminar. They are secretly taking note of what attendees have and wait for them to show up in the system later and then they make their move. Once forced out of their homes and sometimes by police in some cases, they are immediately placed in nursing homes against their will and immediately drugged. Once they resist, I shot is forced upon those targets until they are incapacitated or knocked out. I timed the drug has done it's damage, further steps are taken by special courts. Those special courts are special courts for a reason because there's corruption going on that the average person just doesn't know about and the unsuspecting with money and assets are targeted. No one will do anything about it either. You really need to do your homework on this one and go on YouTube and really learn about guardianship abuse, there was one lady wearing a green shirt in the thumbnail and you should really hear her story along with the stories of others on there. By time every last dollar is spent, one of two things happen you really need to do your homework on this one and go on YouTube and really learn about guardianship abuse, there was one lady wearing a green shirt in the thumbnail and you should really hear her story along with the stories of others on there. By time every last dollar is spent, one of two things happen. Either the patient is suddenly released from guardianship or they conveniently die and their bodies cremated without the family ever knowing what happened until later if at all. what makes this worse is if that elder had a will or other legal protections, it's thrown aside and overturned. There is literally no more rights, you can't speak for yourself no more and you have nothing once they get their claws in you. You really need to wise up during this time and start learning some things about what really goes on and what really happens to some of our wealthy elders. There are things going on that you don't know about and you really need to wise up for that you can properly protect yourself and the rest of your family. We the people really need to start fighting back and protecting ourselves and our families no matter what it takes because everything goes when someone crosses the line, and now I know what really happened with my foster dad just from what some of these videos are describing and the personal stories behind them. My foster dad needed more help than I was able to give him, and now I know what really happened. They worked through an unfortunate situation and practically stole his life from him along with everything he had. Sad reality but it's very true and going on as we speak. What worsens this whole situation is people are targeted for their money and assets whether or not they need to go into a home. There was one particular story on YouTube that I saw last night about a lady telling her story and how she was kidnapped by the system and robbed blind after forceful placement against her will, and she's one of those cases who didn't even need to be placed. This person obviously had money and showed up in the system and was involuntarily kidnapped. There was another story about a 90 some-year-old woman who happened to be on the phone at the time the cops used a battering ram to ram in her door and drag her from her home. She was on the phone at the time and went hysterical like anyone else would and she was yelling for someone to call the cops when it was the cops beating her door down with a battering ram! Unfortunately this person was forcefully drag from her home as frail as any other 90+-year-old woman would be and she hadn't  committed no crime, but the state took guardianship of her just like they did your loved one and they target at her for her money and assets, which is why all of this is going on behind our backs and right under our noses. Families are wising up and getting things put in place, but white-collar crime behind the scenes is overturning all of those protections we put in place and it's time for us to fight back

I don't understand the comment "you didn't have time for a lawyer." Why not? It's very detrimental to you to go to court without legal representation in the form of a skilled attorney. Something is amiss with this scenario.

Dontask4handout: You are spot on correct about estate planning seminars! My husband and I went to a supposed free one a few years back. I was sitting within inches of the financial advisor, in the first row. I had my hand up ready to ask my question(s). He promptly "shut down" the meeting because he was getting questions he couldn't answer. He didn't give me the time of day!

Also, NH's can be slick SOB's. They told my late mother "ma'am, you're too well to live here." My brother and I had planned for her to stay there. They were DEAD wrong; less than 48 hours later, she suffered a stroke there and deceased at the hospital 12 days later!

... Most likely she meant the notification of hearing came within days of the hearing, i.e: "Not enough time to a lawyer" ... If that's what occurred she would not be the first to enter the courts without representation because of that very reason. Defendants usually do not know that the very second you receive notice of hearing no matter what the hearing may be about, an "extension can be asked of the courts based on insufficient time to seek counsel/representation. Often times states offer short notice to leave the defendant illprepated, therefore the defendant looses the case/hearing (what ever it may be) simply because they did not have representation and things went wrong in court because of that fact. I suggest the poster set an appeal in motion and seek representation. If the charges or decisions made within the hearing fall within a /or could be viewed as risk of a criminal offense, the posters state must assign an attorney if the poster cannot afford one. If the hearing fell within a civil matter, then I suggest an appeal be filed by poster and poster dig deep into the issue at hand educating themselves in what is going on while also advising with respresentation. 

The OP's mother was $14,000 in arrears... so that's what, three months? Four months?

But in any case, the court has appointed a guardian, the mother's residence is secure and the OP is relieved of all responsibilities for finance. Is there actually a problem? Isn't it a good idea to let someone else do the admin, if all that's required is the correct direction of a social security benefit?

Harris, what is going on now? We'd love to hear more. We learn from each other.

I have read this post, and it also sounds some form of emergency guardianship occurred, perhaps. Under normal circumstances, that process as I understand, is petitioned by attorney because they see a need immediately for petition for guardianship. Due to emergency guardianship, that then takes on an appointed Special Guardian assigned, which I would hope is a 30 day process in all cases. The Special Guardian can be a family member, but if one is not present or possibly does not satisfy the guardianship requirements, such as background check by the judge, the court will appoint a Special Guardian to not only freeze assets, including Social Security income possibly, for example, because if the bank where the income was paying for care, was frozen, then perhaps Social Security process/mail can notify the mailing address they have on file that their Social Security income was not deposited on said date. POA on wills and trusts and other documents can cover a lot of scenarios, but once guardianship takes place, hopefully the court does not change all documents. It is just that they see a need or perhaps in this case, they see a debt or non-payment, which falls in line with the ever so popular topic: not able to manage their own financial affairs. Guardianship is real and it can last for the remainder of the year or in a lot of people's cases I think it stays in place because there is no one else that can take the responsibility. Comments about documentation. Representation just from any attorney, that has experience in guardianship cases is recommended, because the health of the parent is first and foremost the concern. But, wow, if there is concern about not following the normal process, then one would think it would take an attorney and money to determine what your legal rights are and how best to even protect your investments in not going overboard financially. But, definitely find out more! Sounds like emergency guardianship occurred which leads to guardianship and can be the same person in the end, i.e. Special Guardian for the X number of days, say 30 days and then Guardian for awhile until financial/health issues addressed in full.

definitely sounds like a banking error. something happened where the ss checks didn't get deposited correctly, and no one knew it was happening until too late.

It is hard to believe this could happen if you had been visiting though I suppose many people in nursing homes don't have visitors for long stretches.

Now though, because I am scared by these stories of NH taking on guardianships in order to drain assets, you need to find out why those SS checks did not make it to the NH.

Please look into it. It's your duty as guardian.

Of course anything is legal when mistakes happen. Innocent people are thrown in jail every day due to someone making a mistake on a form or not having time to follow proper procedure. It is your turn to step up to the plate. This is part of being POA. Spend some bucks on a lawyer to sort it out. As POA, your Mom's finances should pay for it. If she doesn't have enough assets, chances are no one is trying to do anything illegal, at least that is my hope.

.... you need to answer a few questions. How was the facility being paid? Auto withdrawal or what. I believe what's gone on-has been against the law, many of them.  They are most likely using elder abuse misappropriation of funds as the reason for temp guardianship. Facilities are notorious for claiming financial elder abuse on any family, also POA when the resident falls behind in a payment (even over 30 bucks) yet they charge the elder ungodly amounts of money for rent. All facilities should be forced to first prove the debt, prove the history of payments vs non payments, and they need to prove whom-ever has had something to do with the rents not being paid, and even then, unless there is clear physical or mental abuse Its never a good thing to remove guardianship from her family (you) ... Sounds to me you have a serious issue of a judge and a facility working together. ... I would suggest you need to get an attorney involved and pretty d*mn quick. (Also call her bank and the social sec dept .. simple things to do here to find out where and how the debt has occurred and who's cashing the SS checks. A facility being given guardianship is never a good thing, never, and is usually associated with further theft and deception of what's left of the elders assets. Again, Look at what facilities charge per month... that's already theft, and no one can tell me it's not. 

.... no appropriate judge would ever allow this to go down without proof of physical or mental neglect. I am sitting here telling you that either you are not telling the whole story or what has happened to you and your mother is criminal. No way can a facility get guardianship over another humanbeing this quick, this easy..... unless, as I've said there's more to your story or/ what the facility and judge have done is a criminal offense.

You still have time to check with an Elder Care Attorney or other qualified consultant. QUICKLY make an appointment and take all of your related documents with you. All Jurisdictions allow APPEALS of Court Decisions, within a certain period of time (the amount of time varies depending on your Jurisdiction). Sorry for your frustrating situation. Best of luck!!

Amen to the long comment! Sweetheart, you did nothing wrong. The system is wrong and I'll be back to ask for support because this is crazy. I don't know where you are in the process but it is very hard to turn around. They put my mom in hospice, giving her all kinds of crazy meds, not giving her her regular meds, I can't get a doctor to go see her and write a report because she's in a VA facility Hines, to be exact. This is the US Government participating in such a deceptive maneuver. YOU DID NOTHING WRONG.

Amen! Sweetheart, you did nothing wrong. The system is wrong and I'll be back to ask for support because this is crazy. I don't know where you are in the process but it is very hard to turn around. They put my mom in hospice, giving her all kinds of crazy meds, not giving her her regular meds, I can't get a doctor to go see her and write a report because she's in a VA facility Hines, to be exact. This is the US Government participating in such a deceptive maneuver. YOU DID NOTHING WRONG. Feel free to write me if you want.

Was there not a statement from the Nursing Home being mailed to SOMEONE showing amounts being paid or not and a building amount due?

Yes, you definitely need to find out what was/is happening with social security, how the facility was being paid, why their business office did not contact you. (I presume they knew you were handling financial matters and how to reach you.