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Florida took guardianship of Sister in Law

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menigmom

Junior Member
What is the name of your state? Florida

My 63 yr old SIL is a resident of Pinellas County, Fl. She had not kept in very good touch with her family here in Texas for about 3 years. Our letters would come back unopened or not be answered. Her mother, father and brother, my husband, are all deceased. Recently, she has become extremely confused and suffers from dementia and several health problems, she was reported by her home health nurse and Florida started a guardianship hearing. Her relatives were not notified by the state, a neighbor called us. My daughter just moved to Miama, purchased a home there and she immediately filed a petition for guardianship. The hearing was Monday, and the judge awarded temporary custody, six months, to a "Professional Guardian" with the idea that in six months my daughter could refile to move my SIL to a nursing home in Miami. This guardian is already selling my SILs home and will be charging $85 an hour for her services.The nursing home she is in now is very minimal and provides no social activities or amenities. My SIL is a disabled veteran on VA benefits and social security disability, also she has about $140,000 in her bank account and does not need to be living like this. The state social worker said they want to proceed to gather evidence against the neighbor to prove "exploitation" and need my SIL to stay in the county. She does not know her own birthday, what state she lives in and thinks her mother and father are still alive, she would not be providing any testimony or evidence. Is there anything at all we can do to ensure my SIL is well cared for and that her accounts are not depleted by this guardian?
 


BlondiePB

Senior Member
What is the name of your state? Florida

My 63 yr old SIL is a resident of Pinellas County, Fl. She had not kept in very good touch with her family here in Texas for about 3 years. Our letters would come back unopened or not be answered. Her mother, father and brother, my husband, are all deceased. Recently, she has become extremely confused and suffers from dementia and several health problems, she was reported by her home health nurse and Florida started a guardianship hearing. Her relatives were not notified by the state, a neighbor called us. My daughter just moved to Miama, purchased a home there and she immediately filed a petition for guardianship. The hearing was Monday, and the judge awarded temporary custody, six months, to a "Professional Guardian" with the idea that in six months my daughter could refile to move my SIL to a nursing home in Miami. This guardian is already selling my SILs home and will be charging $85 an hour for her services.The nursing home she is in now is very minimal and provides no social activities or amenities. My SIL is a disabled veteran on VA benefits and social security disability, also she has about $140,000 in her bank account and does not need to be living like this. The state social worker said they want to proceed to gather evidence against the neighbor to prove "exploitation" and need my SIL to stay in the county. She does not know her own birthday, what state she lives in and thinks her mother and father are still alive, she would not be providing any testimony or evidence. Is there anything at all we can do to ensure my SIL is well cared for and that her accounts are not depleted by this guardian?
Who is your SIL's Health Care Surrogate? This will be stated on the guardianship court order. The guardian MUST close all your SIL's bank accounts and place the money in guardianship accounts. When a ward can no longer live at home, selling the home is the correct thing to do. Besides, vacant homes are not covered by the insurance.
 

menigmom

Junior Member
The guardian is also the health care surrogate. We have called my SIL and she is very despondent as no one comes to see her. The guardian has not been to see her, the guardian sent her own sister to drop off my SILs clothes and charged for her sister as an "assistant". I suppose my real question is, why would family not be selected as the guardian over a stranger, this woman does not care about my SILs welfare, only the money she can charge. It has been a month and my SIL still does not have her scooter, has not been moved from the locked ward, has not been given "spending money" for her account at the facility, has not gone on any "outings" outside the home. My daughter wants to move her aunt to Miami, to an assisted living facility just a few blocks away, where she could visit frequently. We call and send mail, that is all we can do at this point.
 

BlondiePB

Senior Member
The guardian is also the health care surrogate.
Well, y'all have no "say-so" in this matter.
We have called my SIL and she is very despondent as no one comes to see her.
So, go and see her. I don't see her neighbor, who is under investigation for financially exploiting your SIL, visiting her anymore.
The guardian has not been to see her
There is a minimum amount of visitation required by guardians.
the guardian sent her own sister to drop off my SILs clothes and charged for her sister as an "assistant".
Perfectly legal.
I suppose my real question is, why would family not be selected as the guardian over a stranger, this woman does not care about my SILs welfare, only the money she can charge.
Not everyone, including family, are eligible to be guardians. This was a judge's decision. Your SIL's Home Health Nurse is a mandated reporter. Thank goodness she did her duty and reported your SIL.
It has been a month and my SIL still does not have her scooter
An incompetent with a scooter in a facility is a danger to everyone, including the other residents. :rolleyes:
has not been moved from the locked ward
This is normally the facility's decision/recommendation.
has not been given "spending money" for her account at the facility
What does your SIL need to buy?
has not gone on any "outings" outside the home
How do you know this? How do you know your incompetent SIL is capable of going on any outings without hiring a "personal assistant"?
My daughter wants to move her aunt to Miami, to an assisted living facility just a few blocks away, where she could visit frequently.
What your daughter and you want is irrelevant at this point and time. She and you are NOT your SIL's guardian.
We call and send mail, that is all we can do at this point.
You can also go and visit her, especially your daughter as it's about a 3.5 - 4.0 hour drive.
 

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