My question is about Guardianship, and attendeance in court. My son , obtained a show cause order. from Supreme court., he has requested Guardianship of his grandmothers assets, claiming she is incompetent. She was examined by the New York State Mental Hygiene dept and found to be in excellent mental and Physical health. His request to appoint him guardian was denied , since he has a extensive criminal background. I (her son) hold a valid P.O.A , with gift rider and it is durable. My mother and i feel that since she is not incompetent or incapacitated as stated in the show cause order, we do not want to attend any further hearings in this matter. If we refuse to attend the trial/hearing , what action could be taken against us? We have both written the judge and requested a dismissal of the show cause order, but the judge insist on a trial/ hearing. He wants to speak to my mother directly and myself. , to determine if she needs a Guardianship of assets. , and if i am interested and qualified to be a Guardian of the assets. We feel we are being forsed into a situation we do not want. How and why can this type of action be imposed on us.? we are happy with the P.O.A. , and feel there is no need for a Guardianship of assets. Maybe in the future ,but not at this time. My son is a criminal with a very long record. the judge knows his motives are not in my mothers best interest. He has no place to live and wants to move into my mothers home , in order to do this , he feels this course of action will produce the results he needs .If we do not appear in court what could happen to us. My mother is 84 , i am 64 , and my son is 44. We are most upset by all this , and do not know what to do. Joe
State/Country relating to question: New York
Written the judge and requested dismissal. the judge insist on a trial/hearing.
If you do not attend the hearing and present evidence supporting she is competent, then the court can issue a guardianship by default judgment. You do need to attend and you need to present your witnesses and include presentation of evidence that your son has a criminal history and as such is not qualified to legally be the guardian anyhow. You must attend or risk your son winning by default I am afraid.
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