I have been caring for my grandparents for the past several years. They have 8 children. My mom and I live with them. My mom has health and financial POA. Grandpa has recently passed. 2 of my aunts and 2 uncles have become very controlling and just want grandma's money. They don’t care about anyone, not even their own mother. Grandma gets very agitated after they visit. They know nothing about her, not even her age or what year she was born in. They recently had petitioned for guardianship. What would it be like to fight it, with my mom and aunt who have POA and secondary POA? The siblings that have filed have not been involved.
The petition for guardianship must explicitly state these points. You must provide evidence these statements are false and well as give the court a view of the care being provided. Normally a guardian at litum will be appointed during the guardianship process that will interview everyone involved (including grandma) as well as review your grandmother's medical and financial affairs.
I encourage you to get an elder care lawyer who has contested guardianships in the past. If you can prove your case to your lawyer, he/she may demonstrate why you will win to the lawyer your aunts and uncles have engaged. Sometimes these petitions can be dropped before they go to court when the other side realizes they are going to lose.
If you will post the allegations made in the guardianship complaint, we may be able to offer advice on how to counter the specific claims your aunts and uncles are making.
Why have they?
I'll tell you what. They are not going to go to court and say please give us guardianship of our mother, your Honor, so that we can get our hands on all her money for our own use.
No, of course they aren't. So: they will go to court and say... what? What are their stated reasons for making this application?
If you are going to support your mother and your secondary POA aunt in contesting the application, you need to be much clearer-eyed about what you'll have to contest.
care. They will be the ones that must feed her, provide the food, provide the clothing as needed, transport her to the Dr., make future appointments, pay for the utilities, keep the home in good enough condition for habitability, Wash/bathe her, dress her, and answer to the state if anything goes wrong or isn't correct.
The court determines what limitations on set for the guardian.
Oh and if you continue to live and provide the actual care, you may be able to file for compensation for your time from G'ma's funds. Meaning there will be less monthly money to pay bills.
Where I am, if I decide to place my DW into a care facility, I need to notify the court and actually obtain permission.
And how I love those receipts that must be kept for all expenses. Try getting them for slot machines.
If you go into court to fight them besure you can provide the necessary documentation you are providing and make it clear that you will discontinue paying for any of it and the guardian will have to start providing funding for those expenses.
They will need to prove Gma's incompetent. Then show why they would make the better people to handle grandmas finances. Hopefully, you have kept records. You may want to have her PCP write a letter saying Gma has done well under your care. You can be at the hearing and contest their guardianship.