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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 13088
Experience:  Licensed experienced Attorney
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My Children are going to try to appoint a Guardianship over

Resolved Question:

My Children are going to try to appoint a Guardianship over me, It not necessary and I feel that all of my freedom and my abilities to conduct my life in a manner as I wish will be threatened.

I already have a will and have had Financial planning put in place. I, also have already drawn up a Power of Attorney for Health Care. In the event that I have a massive stroke or am in a vegitative state, My wishes are that my family not try to keep me alive with machines in the hospital. I want them to only relieve the pain and let me die as with as much dignity as possible. I do not want my family to be burdened with enourmous medical, & hospital bills.

How can I keep my Family from making my Daughter my Guardian & my son Conservitor?

They have already served me with papers to have them appointed as My Guardian & Consevator of me & my Estate which minimal. They will take all my freedoms & rights away from me. I am 77 years old & I live in an INDEPENDENT LIVING FACILITY. I have my own car which is paid for I live on my Social Security Check & an Annuity & my Pension check. I had a home which I PAID for and they have sold it and they took it away from me. I don't have any access to the money from the sale of my home, they control it.

HOW CAN I PREVENT THEM FROM APPOINTING MY DAUGHTER FROM BECOMING MY GUARDIAN? AND STOP THEM FROM RUNNING MY LIFE AND TAKING AWAY ALL MY RIGHTS & FREEDOMS?
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Can you please tell me what are the grounds stated in the guardianship petition for the need of declaring you incompetent and appointing a legal guardian for you?
Customer: replied 1 year ago.


My Daughter took me to a Neurologist after my husband passed away, she told the Dr. that I had Dementia/ALS, which I do not have. I already had a Neurologist that I have had for many years. He has treated me for Fibromyalgia/Arithritis and for a stroke I suffered on 5/8/2011.She told the Dr. what I had, the Dr. didn't make the diagonsis. I have other Drs. & I have asked them if they thought I had Dementia, they all answered me in the negative.


 


They say I have an excellent long term memory but I have short term memory problems. I do not agree with them.


However, I was pulled into a scam on the internet and I sent some people some money in Nigeria. Since that time, my Son took & limited my access to my money. He pays all my bills online from bank ac counts that he has set up. Now he wants total control of my Social Security Check. The Bank told him my socoal security Check had to be direct deposited in my bank account, However, as soon as it is direct deposited he withdraws it from the bottom/back side of my account. He only leaves $100.00 in the account. He does this every month. I even set up another account at the bank which he was not supposed to be able to access. I put $100.00 in that account and he has already taken it out. He set up a checking account for me but he will only let me have $200.00 a month in it. It costs me $65.00 for gasoline for my car, I spent $45.00 on groceries and that doesn"t include the money I had to use for my RX today.


 


I have learned my lesson re: Nigerian Scam artists & the FBI.


I will never give my money away again.' I worked too hard to get it.


 


DFM


 

Expert:  Alex J. Esq. replied 1 year ago.
Dear Darla,

Did you give any of your children a Power of Attorney to handle your finances and also to handle the proceeds from the sale of your house?
Customer: replied 1 year ago.

No, I have not given them any thing except the Power of Attorney for Health care.


 


My Husband named me the Executor of his belongings if he died before me and I named him the Executor of my property/belongings if I died first.


However, my son immediately took over my husbands half of our estate and has been dictating our financials ever since.


 


2011 was a bad year for me. My older sister died on 1/1/2011, in May 8,2011 (Mothers Day I suffered a small stroke caused by a concussion). I was hospitalizeds for 2 days to see if I was going to have a massive stroke, however, it didn't happen. I woke up on 5/8/2011 & I could not lift my left leg. When the Drs. said I could be discharged, I told them I wanted to go home because my husband hade lost his eyesight from Diabetes. He could not drive and I felt I needed to be with him at home, so they had a Nurse & a Physical Therapist come to my home to work with me for 8 weeks. On the 6th week, I woke up and I could use & Lift my left leg! I do not have any disabilities at all from the stroke.

Expert:  Alex J. Esq. replied 1 year ago.
Dear Darla,

Thank you for your follow up.

Are you able to hire a private local guardiaship law attorney to represent you in this guardianship proceedings?
Customer: replied 1 year ago.

I didn't know that could be a possibility. I don't know how to go about finding a good guardenship attorney. When the "Server" came to my apartment with my son & Daughter"....He tried to hand me the packet of papers and when handed them to me, I said "I do not have to take them", that way he could not say I had been served. So my son took them and put them on my diningroom table.


 


I don't know how much a Guardianship Attorney would cost me/since I don't have access to my money, How could I pay one?


 


My son said to me, mother nothing is going to change. You will still have your car and you checking account.


 


But, after reading only 5 pages of the summons I know I will not have any rights at all. My daughter is already telling me what I can & can't do. She insists she is going to go with me to all my Drs. appts. on her schedule. I really do not want her there with me. and I arrange my schedules with the Drs. when they are available.


 


This is a terrible thing to have happen to our family. It is already splitting a close knit family apart. I don't see why both of my oldest children have decided to do this in the courts.


 


If I had a lot of money, I could see why they might want control of it all now. But I don't, and I really don't want to go back to work to pay for an attorney for this summons.


But, if I have to, I will just so I can continbue making my own decisions, about my life.

Expert:  Alex J. Esq. replied 1 year ago.
Dear Darla,

Thank you for your follow up.

Hiring a private experienced local guardianship law attorney to protect your interest and to object to this petition for legal guardianship, would be a good idea, however if you cannot afford a private attorney, the court will appoint an attorney to represent you in your upcoming legal guardianship proceedings and hopefully this attorney will be able to listen to you and to realize that you are not in need or require legal guardianship or at least that possibly only financial guardianship would be proper and not physical guardianship.

It is not a simple process for your children to obtain a legal guardianship over you and as part of the process, you will be evaluated by an independent appointed committee which will consist of two doctors and one non-medical professional and this committee will fully evaluate you and your medical records and will give recommendation to the court whether they find it necessary and proper for you to be declared incompetent and to have a legal guardian appointed for you.

So basically, if you are in mental and physical condition that does not require legal guardianship, your court appointed attorney and also the committee should be able to determine this and the legal guardianship case should be dismissed.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 13088
Experience: Licensed experienced Attorney
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