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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99417
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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We are looking to remove the guardian that was court appointed

Customer Question

We are looking to remove the guardian that was court appointed by a judge for our elder mother. He has seen her a total of 4x in one year and has prevented any of the family which includes younger children (large family) from seeing her or calling her. He told us back in December that he was moving her to the Parham Rehab nursing center to I quit my job moved, only to find out he lied ad now has her in Appoxmatax which is a two hour drive. When I did get a chance to see her (she is a 40 year veteran nurse and I also am a nurse); I was appauled, to say the least in seeing her in such a poor state of health. She had a knot on her head that I was told was due to (behavior problems), yet later a wonderful cna confideted to us that she was pushed into the wall because she did not move fast enough. I also noticed finger marks on mama's arms, as well as an old bruise on her forehead. Mama is blind and cannot see, thus her calls go unanswered. We have heard nurses/cna's tell mama "shut up" when mama is out in hall simply asking for water as we are on the phone with her. So when she yells out it is then documented as "behavioral problem". Her ankles are swollen as they dangle all day long (that's were most of the elder must stay all day and night until about 9pm, thus fluid continues to build up. The clothes smell, not clean and are dirty. I purchased 5 bags of depends for her, yet they got rid of them stating they use diapers on their patience even though I told them she is continent. The cna, states how water is given only 1x daily and just lays at the end of mama's bed. When I told the guardian only some of the things my family has seen and witnessed, two days later he sent a letter stating that no one from mama's family could see her. This man is 2 hours from mama himself, yet has only see her 2 times.
Question: Please.......................can he be removed as her guardian as this is not the first time he has ignored mama's bruises and suffering. We want her home, and I hear it is very hard to have a court appointed guardian removed. us!
Submitted: 6 months ago.
Category: Family Law
Customer: replied 6 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 6 months ago.
You stated that an expert was on hand to answer my question, yet here we are still waiting now 15 minutes.
Expert:  Ely replied 6 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only 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. I am sorry to hear about this situation. I cannot say if the Court will remove the guardian, but one can petition to request it via a petition for modification of guardianship. Because the guardian is supposed to have the ward's best interest in mind, the facts above help to argue that they do not, and the Judge may agree. You may wish to also have an expert testify as an expert witness to describe the shortcomings. So the answer is yes, this can be done. However it is not as easy as simply filing a document. This would be a lawsuit - all parties including the guardian would have to be served and a hearing held months down the line. While the suit is pending, a party may request temporary orders, asking the Court to appoint an alternate guardian while the matter has not yet been settled. I hope this helps and clarifies. Please 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 TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. 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 with a positive rating.

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