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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99470
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a mother she is 93. She got very sick from a virous

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I have a mother she is 93. She got very sick from a virous and went into ICU for 4 days. My cousin is blaming me for the situation. My cousin is telling me that I cannot take care of my self because I am bipolar. I have a case of mild bipolar type 2. I have a masters degree in special ed. and I have been teaching full time for over 6 years. I work with children with severe illness. I have a good reputation at school. I pay my bills my fico is 760. I take meds for the illness and see a psyciatrist regularly. I have been managing my mother's assets and home for years since 1997. Can they just take over like this? and if so what do I do?
Submitted: 5 years ago.
Category: Family Law
Expert:  Ely replied 5 years ago.

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

They cannot just "take over." If they really want to take charge legally, they will file for guardianship with the Court. Adult Guardianship is when a person is not able to take care of themselves and therefore, someone else steps in. The Court will request that they serve you and you can argue for or against the guardianship or submit your own request. The Court will deny based on your stability, nohow, etc.

It is subjective and there is really no way of knowing if the Court will agree with you or your cousin, but I would venture to say that as long as you have your state under control, it should not be a problem.

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Customer: replied 5 years ago.
You mentioned that my cousins, the ones that might seek guardianship have to notify me. Who does this them or the court? What if they don't and say they did?
Expert:  Ely replied 5 years ago.
It will have to be by them. When they file in Court, the requirements are that they notify all interested parties. Now they can lie and say no one such as this exists, and not serve you, and then get Guardianship, but as soon as they attempt to exercise it, you will realize what is going on and will have the right to file a Motion for New Trial based on not being served.

Then they will have to explain to the Judge why they lied and that - well it will not be pretty.

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