Other than divorce, a contested guardianship proceeding is the most sure-fire way of tearing a family to pieces. The ward, in this case, Mom, is the person for whom the guardianship is sought, and the guardian is the person legally required to care for Mom under supervision of the court, usually an adult child or the husband. The appointed guardian has broad powers to determine the amount, level, and quality of care for Mom. The guardian has a duty to provide for the care, comfort, and maintenance (food, clothing, shelter, health care, and social and recreational requirements). More importantly, the guardian has the power to give necessary consent to medical care for Mom, even over her objection. Most significantly, though, the guardian has the power to establish an abode for Mom, i.e. a nursing home.
Forcing a guardianship upon someone by court order, such as an elderly parent, is one of the toughest decisions a court and family must make. The process is highly technical because Mom’s civil liberties are being stripped without any wrongdoing on her part.
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Maintain Family Goodwill With Pre-Planning
5 comments:
Having experience with divorce and guardianship both, I know that guardianship is worse!
You are not assured a guardian with integrity and often end up with a perfect stranger appointed by the courts. Courts who provide little to no oversight of this person.
The court appointed guardians and all attorneys charge hefty fees so they are in no hurry to release the ward/prisoner.
Your loved one is often neglected, abused and exploited while you stand helpless.
My advise is to make peace at all cost.
Boy, aint that the truth? And who's to blame?
Well, families fight. Unfortunately, they fight. But, they've been conditioned to think that if they take their case to court and present it fairly, then the judge will rule fairly as well.
And that's not what happens.
You're right, Lou, the victim's money is immediately seized, leaving him/her totally defenseless.
The court would say a court-appointed attorney is assigned to the ward. GAL. But, the truth is the GAL works for the court, not the Ward.
If judges took the time to lay out the situtation - to tell all parties what's about to happen, then perhaps family would listen.
The day we take it to court is the day everybody loses.
That goes both ways Patti...
The day we take it to court is the day everybody on the perpetrators team wins.
They will bounce your loved one back and forth in the corrupt court like a beach ball until there is nothing left! NOTHING...
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