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Question re: Guardianship and right of legal standing

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Trinity699

Junior Member
What is the name of your state?

I live in Harris County, Texas.

Hi everyone, I have a question, actually the whole situation is much more, but I'll just get right to the point that I would like to know right now.

My 64 year old mother has dementia and Alzheimer's. It started very early for her and had a lot to do with her very bitter perspective and grudges that she held in herself for years which in my opinion, triggered the Alzheimer's.

I am the oldest of 3 daughters, I am 40, Collette is 39 and Nicky is 38. For reasons I can't go into right now, Collette has always unreasonably resented my mother intensely for things that happened years ago when we were kids. In August of 2005 I had to have my mother arrested/picked up from her home because she was living by herself like a hermit, with no friends, can't remember what is being said from one sentence to the next, and because she can't remember anything had lost 40 lbs in one month just from forgetting to eat. Her place was in a shambles and everything was in piles. This is not the neat freak mother I knew growing up. She was also having grand delusions that there were people living in her house and that me and my sisters were still living there, like when we were kids. She would talk to people that weren't there.

So my Mom went into the hospital, Collette showed no signs of any caring whatsoever, then my Mom came out and lived with Nicky and Nicky was feeding her and taking care of all of her daily needs. Collette didn't bother once to visit or call my Mom when they live only 5 minutes away. The one thing that Collette is VERY passionate about, actually anal retentive, is money. She is a millionaire because her husband got a terminal condition from his job, but you would'nt know it. She bought my Mom a new mobile home 5 years ago and she wants back the money that she put into it, which is ridiculous because those homes depreciate enormously and quickly and my Mom is and has not been in a position to pay her back, even before all of this. About all that is worth in all of this is approx. $50,000 (appraised property and land value) and my mother's income checks from social security and her pension, which are around $1,500/month. ALso Collette is keeping my mother very doped up on medication, more so than what is required.

Part of the process of this disease is that my mother is VERY delusional and influenced and she started thinking that me and Nicky were stealing from her. She was absolutely convinced that we were stealing eventhough I sent her and everyone involved, courts, attorneys, her brother and sisters, accurate statements and records of any money that was to be used for her Guardianship.

So she went from Nicky's house to Collette's house abruptly.

Anyway, I as the oldest daughter had already retained an attorney and we had already filed for an Application to become her Guardian. There was an attorney ad litem appointed for my Mom already, and her brother and sisters in New Zealand were properly notified and noticed. All of us sisters were also in the Application.

Now, yesterday I get another Application for Guardianship served on me for my Mom, but this time it's my brother-in-law who is wanting to be the Guardian. It's typical that Collette wouldn't step up to that plate because she really doesn't want to take care of my Mom at all, she is just interested in recooping her measley losses.

Does my brother in law, Ross, have legal standing over myself to be her Guardian? My Mom also appointed him to be her Power of Attorney for her matters, so I guess she revoked those rights that she had given to me years ago? That's ok with me, I just need to know if this is correct. Also like I had mentioned before, Ross has been diagnosed with a terminal disease so would this come into play too?

Thanks for the responses,

~TrinityWhat is the name of your state?What is the name of your state?
 


pojo2

Senior Member
I as the oldest daughter had already retained an attorney and we had already filed for an Application to become her Guardian

Then why on earth are you here asking the questions, ask your Atty who certainly has more facts than we do?

The court will decide who gets guardianship and frankly at this point it could be someone outside the family.
 

BlondiePB

Senior Member
Does my brother in law, Ross, have legal standing over myself to be her Guardian?
He has the legal right to petition for guardianship. The court will decide who is to be the guardian.
My Mom also appointed him to be her Power of Attorney for her matters, so I guess she revoked those rights that she had given to me years ago? That's ok with me, I just need to know if this is correct.
If mom granted Ross POA when she incompetent to do so, that is not correct. Your attorney knows about this right?
Also like I had mentioned before, Ross has been diagnosed with a terminal disease so would this come into play too?
It depends on whether or not his terminal condition would interfere with his duties as guardian.
 

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