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My relatives who are helping...
follow up query to previous question...please make private.
My relatives who are helping my aunt don't want to retain lawyer to represent her at guardianship hearing. They are trying to get thy state for elder abuse who are investigating fraud against her to represent her in court. We have ten days to prepare to show evidence that poa agent (who is now seeking guardianship) has written checks to herself and cleaned out her bank account. They change door locks on her house and took her clothes and ID. We feel they are trying to get 100% of house money instead of their 50% as 2 names on title.. Do we absolutely need a lawyer to represent her at guardianship hearing? the plan is to have her new poa agent (brother + a friend of victim) go to court to show fraud checks and make case for fraud. The state lawyer said maybe they would try and get another lawyer to represent her. What do you think is going on with state? How do we proceed?
Submitted: 10 months ago.Category: Family Law
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11/19/2017
Family Lawyer: Legal Expert Justin, Lawyer replied 10 months ago
Legal Expert Justin
Category: Family Law
Satisfied Customers: 236
Experience: Attorney
Verified

Hello! My name is ***** ***** I'll be the Expert assisting you today. During the proceedings, was there every a Visitor/Investigator appointed to interview friends and family of your aunt? Some states require this, but some do not.

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Customer reply replied 10 months ago
a lawyer was assigned and a detective interview the family. They had very good excuses for checks made out to them. When we revoked the POA agent they kept trying to access her bank accounts and pension fund. They also tried to sell her house when poa was revoked. The mooneyes would have gone to them as there was no communication with my aunt. So now they have attorney trying to seek guardianship!
See the previous question info: elder relative of 93 is having problems with her relatives trying to take her money and sell her house which has shared title with her daughter in law. The state on elder abuse has ongoing investigation of fraud as the poa agent started cleaning out her bankaccounts and tried to sell house etc. State has moved forward and assigned lawyer to present evidence. elder principal had poa revoked to stop sale and money transfers at bank as money was already removed. A month later the old poa agent who was revoked has now started the court process to make herself a guardian in order to sell house etc. My relative elder is considering giving poa to her brother but have not started paperwork. What can be done to stop guardianship to go ahead especially from the perpetrators of fraud against her? Will a new poa agent help this situation? thanks
Customer reply replied 10 months ago
also the state seems to be on fence to get involved with guardianship defense....
Family Lawyer: Legal Expert Justin, Lawyer replied 10 months ago

Did the detective file a report or recommendation to the court? If so, what was the detective's conclusion? It seems unlikely that he would recommend the original POA being approved as the guardian.

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Customer reply replied 10 months ago
I am checking now with family member. what I remember is the detective seemed ok with their excuse of writing gift checks to themselves, one for 6500$ etc...i'll get back in few minutes
Family Lawyer: Legal Expert Justin, Lawyer replied 10 months ago

In that case, it does seem like you are on the right track. While it is always a good idea to have a lawyer, it is not a requirement. You can show up to the hearing and present your objections and supporting evidence. Tell the judge that you think a neutral guardian should be appointed rather than one who has a previous history with the person.

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Customer reply replied 10 months ago
no conclusion or filing made by detective. Investigation ongoing. Bank records have been obtained.
Customer reply replied 10 months ago
My aunts immediate family is out of state, however her brother is now POA plus her family friend in area is also POA. Does the the brother need to fly up for court hearing?
Customer reply replied 10 months ago
The family friend poa agent will provide evidence to judge etc
Family Lawyer: Legal Expert Justin, Lawyer replied 10 months ago

The brother will only need to fly up if he wants to provide testimony during the hearing. If the investigation is ongoing, it seems premature to have a hearing. You could ask the judge to delay the hearing until the investigation is complete.

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Customer reply replied 10 months ago
Not sure if I follow. Are both cases related...the investigation of fraud against them and the guardianship they are trying to get over her?? thanks
Family Lawyer: Legal Expert Justin, Lawyer replied 10 months ago

I think I misunderstood. The detective was not hired by the court to assess the feasibility of the guardianship? He is a police detective investigation fraud? Earlier, I was asking if there was any kind of investigator appointed by the court to assess the guardianship petition.

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Customer reply replied 10 months ago
ok. Yes the detective is for fraud investigation. No one was assigned to guardianship case. The court date is 28 of month. Does your previous comments apply regarding asking for delay? also review other comments with new info...thanks
Family Lawyer: Legal Expert Justin, Lawyer replied 10 months ago

Yes, you can still definitely ask for a delay due to the ongoing criminal investigation. In my experience, any judge would be very hesitant to make a ruling considering guardianship if he knew the proposed guardian was under a current criminal investigation. Do you have a case number ***** police report for the criminal investigation? If so, you should definitely provide that to the judge at the hearing.

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Family Lawyer: Legal Expert Justin, Lawyer replied 10 months ago

Hi, just checking in to see how things are going. Do you need further assistance?

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