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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 99982
Experience:  Fully licensed attorney in Texas in private practice.
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I have friend of 60 years in a ALF in Winter Springs, Fl. he

Customer Question

I have friend of 60 years in a ALF in Winter Springs, Fl. he is being mistreated and not cared for properly, I go see him every week, I've taken him to get his first haircut and beard trimmed, though he is normally clean shaved, I feel like his Guardian should be doing most of these jobs.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.
I am sorry to hear about this. Are you asking if the guardian has to adhere to a specific/minimal set of standards in regards ***** *****? Or what, exactly?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
This all started back in Feb 16, 2015. His daughter a alki, had him Baker Act. He went to the hospital for four weeks, then transferred to rehabs, 3 different ones. His daughter asked me to be his guardian, I hired a lawyer 4000.00 down payment to perform the case. We went to a hearing in Apr 21, their was a temp guardian appointed, she is still in the position,I don't believe she is doing her job. I drive 2 hours every time I go see him, tried to talk her into letting get a place closer to me, she refuses.I have taken him clothes he hadn't had a haircut for 6 months, never shaved. Treating him for diabetes, he is not a diabete, givivg him meds. he doesn't need, I just want to get over here by me, so I can see him every day. I want the guardian replaced.
Expert:  Ely replied 1 year ago.
Thank you.
1) There is, unfortunately, no specific guidelines for how a haircut should be done (or when) by adult guardianship standards. Every matter is on a case by case basis.
2) Someone in your situation can do two things. They can either (a) file to replace the guardian with self. This would essentially be another lawsuit just like the one you had before, although this time the emphasis would be to replace, and not to appoint. The Court would have to decide whether or not the lack of haircut plus all the other lacking nuances would combine to have the Judge decide to replace the guardian; or, (b) one can file a complaint with the court about simply the care, without seeking to appoint someone else. However, "b" would be rather a weak case.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 1 year ago.
This is not what I wanted to hear. My friend does not deserve to be confined in the place he is at. When he is off the compound he is a different person. He hates it there , he has lost about 50 lbs. with bed sores. This is why the guardian needs replaced.There is a new hearing pending for the permenant guardian, thank you
Expert:  Ely replied 1 year ago.
Hello,
I understand and I am sorry that it is not what you wanted to hear. But telling you only what you wished to hear would of course be misleading you.
In that case, one may wish to try to file for guardianship again, except in this case, it would be not filing for guardianship per se, but filing to DISMISS the already-appointed guardian for failure to live up to proper standards, and have the Court appoint someone else.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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