Thank you for your advice and I am going to hire an attorney to get my mother
’s conservatorship away from the Office of Public Guardian. I have countless pieces of evidence that my mother’s public guardians failed their duty in protecting my mother from harm. They not only allowed the nursing home where my mother is staying to abuse my mother resulting in her lying in bed 24 hours a day for four and a half months but also refused to give consent to the Office of Ombadsman to investigate my complaints against the nursing home. I would like your advice about which of the following options I should pursue.
1. Oppose to my mother’s conservatorship and file a petition for appointment of my mother’s conservator.
2. Appeal to the court that the declaration of my mother’s incompetency be void.
Option 1: I believe that the Office of Public Guardian will strongly oppose to my appointment of my mother’s conservator and argue that I am not a proper person for the appointment. They have both the investigation report by the Adult Protective Services
which was all based on untrue information provided by the hospital and my mother’s medical records from the hospital showing my irrational interference with their professional care of my mother which I had never heard from anyone until the court hearing on 05/27/11 when my mother’s court-appointed attorney orally summarized his P.V.P. report which was just presented to the judge. I have no way to prove that I did not abuse my mother, interfere with their care of my mother or fired 8 of the hospital’s doctors and many members of their staff.
Please advise if I can request to have a lie detector test done by a court certified specialist to prove that I was not lying or they were lying.
Option 2: I learned that my mother had dementia for the first time in my life one day before the court hearing when I received the petition by mail filed by the Department of Mental Health for my mother’s conservatorship. I later found out that my mother was asked about ten questions requiring only nod or shake of head through improper translation by a nurse of the hospital.
I have proof and witnesses that my mother did not have dementia and could answer questions correctly by writing such as when, what, why, who and where when she was in the ICU of the hospital one year ago. Two other persons also knew that my mother did not have dementia. One is a psychiatrist employed by the Department of Mental Health whom my mother visited every 6 or 8 weeks in the past 7 years to see if her anxiety and depression disorders which she had 11 years ago were still under control. The Office of Public Guardian is under the Department of Mental Health. The other is my mother’s court appointed attorney who wrote to me in his email that my mother was very sharp and he did not think that she had dementia though he was not a medical professional. He asked my mother questions about two weeks after the court hearing on 05/27/11 with the help of a Chinese-speaking nurse of the hospital without my knowledge and presence. My mother wrote to me what questions he asked and how she answered when I came back to her room about one hour after the attorney left. I then email him to see if my mother was not able to answer or incorrectly answered any of his questions.
I am afraid that they will ask my mother to prove that she no longer has dementia. My mother is no longer like she was one year ago when was in the ICU of the hospital as I previously mentioned. My mother has been lying in bed 24 hours a day and not very alert for four and a half months. She has severe sleep disorders and is not able to raise or bend her right leg when her CAN helps exercise her in bed, not able to sit up straight on bed or balance herself.
Either way, I must win the case and have my mother transferred out of the nursing home and have independent doctors to check my mother’s health conditions. Please advise which of the above two options is the best for me or advise me what other options I may have. Please also advise if non personal delivery of the petition to my mother, which I believe is a required procedure, will help me to win the case. Thank you again for your assistance.