This is the worst thing a family member has done to date so far. I am currently and have been POA for my mom for 8 years. My mom had a pretty bad stroke in Sept and is now weak and on oxygen in a nursing home. My sister is filing for guardianship right now and we all have to go to court in two weeks. It is almost hard to believe. I was just about to bring mom home as her final request and my sister must have been told by the nursing home against my wishes and now this. My POA says that if a guardianship is requested I am to be named the guardian. So I cannot imagine why she would want to do this. I am under so much stress of having to see mom in her current condition, do her laundry, ( I go to the home and tuck her in every night so she has clean pjs and a clean pad). I have done this every day since she went in there in may of this year except two days (when I was ill). I live in my Mom's house and have for 8 years. My Mom has the house TOD to me so I can sell it outside of probate court. She also has POD's for each of my silblings. So if my sister is successful I am assuming that could be reversed which would be a major thing. Every asset would have to go into a guardian account and then be taxed and I am so unhappy. Also, she timed the court date so it is right before my birthday.
You need to get yourself an Elder Law Attorney to straighten this out and represent your interests in court.
Does your mother have a will? Who is named as the executor? On one hand - no one, not even a guardian can change someone else’s Last Will. On the other hand - a guardian can sell things, move assets around so that what is stated in the will is no longer a possibility. Even as far as changing any TOD’s.
Get yourself the best attorney you can find. It does help that your mother expressed her wishes in the POA that if there is to be a guardian that she’d like it to be you but that does not ensure a slam-dunk by any means.
Get all your ducks in a row. Ask yourself what your sister has up her sleeve that could show her to be a better guardian than you. Be brutal and look at it as if you were your sister. What could she twist and misconstrue to make you look bad. Do your best to ensure there are no surprises. Then be even more brutal and stockpile your own ammunition against her. I know this sounds awful but it must be done to fight fire with fire.
Remember - YOU didn’t start this. But YOU need to finish it.
An attorney could also perhaps halt this thing by consent. They can find out exactly what the sister is going after. Does she want to ensure that your mother doesn't come home from the NH? Or, does she believe that she will have some rights to the property after her mother's death? She might withdraw from this if she realizes that the Guardian role stops upon the Ward's death.
Now you have taken care of Mom for years? Has it cost you any money? Were u able to work?
Like said you have a POA saying Mom wants you as guardian. Its a hearing. Doesn't mean sister will become guardian. I woukd think a Judge would take in consideration you have been the caretaker for years and the woman is dying. Really no need for a guardian with a POA in place.