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question on guardianship for disabled adult

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msfixit29

Junior Member
What is the name of your state? Illinois


My hubby's family is in an uproar right now as Mom has severe Althzheimers and is in need of being taken care of 24 hours a day. Daughter #3 has petitioned for guardianship and has been determined a temporary guardian until the hearing next week. In the meantime, daughter #2 has been "taking care of her and her youngest daughter" in her home since the doctor told her that they couldn't live on their own anymore. Mom had lost over 80 pounds and was skin and bones. The youngest daughter that is also in D#2's care right now is in her final stages of cancer in the brain (she was admitted a couple of weeks ago to the hospital for dehydration as they didn't want to force her to go to the hospital when she needed it). She can barely speak or make sense anymore. She has lived with her mom all her life and is now separated from her since the temporary hearing when they took mom out and put her into a nursing home. D#3 would like to move her into the nursing home with Mom (her doctor will probably back us up on it) but D#2 has claimed that she has "power of attorney" over youngest and will not let us visit with her or move her.

In the meantime, my hubby, Mom's only son, has been supeonaed to court for the hearing next week. He was present at the temp hearing but did not speak up and now d#2's hubby is being a real jerk as my hubby didn't speak up for them so he is forcing him to testify in court. My hubby does not want his mom in the nursing home but will not own up to taking care of her. He thinks she is doing ok at d#2's house with 8-9 people there and mom sleeping on an air mattress in the living room. D#2 and her hubby has managed to take all of mom's money in the process over the last 5 years including the money from selling mom's house. They have pilfered it away and do not feel any remorse.

D#3 has had her lawyer state before the hearing last week that they do not want to worry about the money and are willing to let it go as long as d#2 and hubby do not object to d#3 having guardianship. Otherwise, this could go into a long drawn out lawsuit and they don't want to do this. they just want to take care of mom (who is happy and having a good time at the nursing home) She is doing well and is comfortable now.

My hubby wants to know if he can speak up and say that he didn't say anything last time as he has never been in court before and didn't know if he could. He didn't want to and still doesn't. He thinks mom should be with D#2, but understands d#3's need to take her away from d#2. D#2 has been taking her money and using for her own personal use and has left mom with NOTHING. The only reason they are fighting so much is that they are out her social security checks. Is there a happy medium here? Can we file for guardianship for the youngest one to get her in the NH with mom? How do we find out if there is an actual power of attorney over her and is it legal if she cannot even speak a meaningful sentence? Where does one get the financing to help them through something like this. I am personally filing for disability and my hubby is working 2 jobs to keep us afloat. We cannot afford anything right now, but worry for the well being of the youngest. Did I mention that this family had a physically and sexually abusive father? Talk about a soap opera! Can you make any suggestions?????
 


BlondiePB

Senior Member
Knock It Off Arkie

Since when does the court allow for attorneys to make a deal with pilfering money in exchange for a guardianship?
 

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