I was administrator of her Brother's estate and he died suddenly in an accident last year. They were the last two family members living in Houston. I live in Dallas and the rest of the family lives in Nashville Arkansas. She has never worked and always had to be cared for. I am already her POA.& administrator of her trust. She is mentally incomplete. I would like to become her guardian because it is so difficult for me to travel to Houston and not see my family in Arkansas, when we could all be there. She refuses to move. I know it will take the court awarding me guardianship. She is disabled and has a mental capacity of about a 7 -9 year old. The attorney that helped with the estate and trust, said I would need another attorney.
i could be wrong but i could be right too . there is huge potential for fraud and abuse and all the judge is going to care about is the best protection for the elder with minimal expense to the courts .
Who's caring for your cousin now? Where is she living?
Is there a Special Needs Trust on her behalf, and was her brother the Trustee? Was there a Successor Trustee? Someone must have been caring for her - what is that person's perspective on your desire to acquire guardianship? Are her parents deceased?
As importantly, does she have the funds to pay for a guardianship proceeding as well as the guardianship's duties, or would you be paying these from your own funds?
I'm also confused about her determination level. You wrote that she has the capacity of a 7 - 9 year old, yet she has made the decision not to move.
For someone with compromised mental capacity, a forced move could be very traumatic for her, especially after losing her brother so recently.
If you're looking for assistance in finding an appropriate attorney, that's different, but the choice is still up to you, and you have to do the leg work.
Sorry if you were offended by my suggestions or those of others.
I hope you find a way to make this work out for you and your cousin.