I have POA over my Mom. My mother has alzheimers/dementia, diabetes and incontinence and I am her primary (only) caregiver. Can my sister take guardianship without my knowledge? They (other siblings together) want me to put her in a nursing home and I refuse. I take care of my mother to the best of my abilities. My siblings absolutely give me NO help with her. I took her to a well checkup in July. The last well check up was in Jan. with no sickness in between. A nurse sees her twice a week and thinks I do a good job with her. Could my sister really do this without my knowledge or a court battle?
I believe you'll have to be served with copies of all the pleadings, so that should give you insight into her alleged grounds for seeking guardianship. Think of how you can respond to each of the allegations; get statements from your mother's physicians if you can. And it wouldn't hurt to hire your own legal counsel.
In cases of contest, the court often will appoint an independent guardian such as an attorney, who will have access to your mother's finances. And he/she will submit fee petitions which will blow your mind. If there's any money left, it'll be used up quickly once an independent guardian becomes involved.
That's not to scare you but to warn you. Be prepared and protect yourself and your mother. And start looking for your own attorney.
The first visit with an attorney by your sister should open her eyes about costs.
If your sister became the guardian and sold the house, she would have to pay for Mom's nursing home costs out of the proceeds. It depends on what state you are in, but in 2012 semi-private rooms cost an average of $222 a day or more than $81,000 a year, according to a survey from MetLife cited by U.S. News & World Report.
Your sister has absolutely nothing to gain financially from this move. Can you think of any other motive she might have? Could this just be a rumor she has planted to worry you? Is she a non-very-nice person?
Dysfunctional indeed!
Your sisters cannot but be aware of how much nursing home fees are. Unless they are expecting your mother to die very quickly, they will therefore know that if they sell her house her money will drain away in fees. Greed doesn't make sense as a suggested motive for them unless they are profoundly ignorant and unimaginative.
I hope, on the other hand, that you will be able to account for what has been done with the money your mother raised through her reverse mortgage. It sounds as if people might be intending to look into it.
Miller if you are sure that your sister is going about this in order to get her hands on money, and you know the money isn't there, and you really don't want to put yourself or your mother through this process, then why not inform your sister of the facts concerning your mother's assets? If you're right, that will most certainly 'head her off at the pass' won't it?
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