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POA & Guardianship

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Paige26

Junior Member
What is the name of your state? NJ

Here are the facts:

My mother has Alzheimer's disease and is in a nursing home. When she was in the early stages of the disease my brother had her sign a POA giving he and his wife power. He died a few months ago. Now my sister-in-law has the POA. My mother would have never signed any document knowing my sister-in-law could have any power. A couple of months ago my sister-in-law was notified I was asking the court to appoint me guardian. Her attorney told my attorney she would not contest it. The court date was for the last day of May. Today her attorney phoned my attorney saying she was contesting the guardianship. She also sold my mother's house, and had the closing last week.

Will the court revoke her POA?

Sorry if I'm rambling, I'm very upset.
 


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seniorjudge

Senior Member
You haven't given us enough facts to decide who is right and wrong here.

You will need to present your side and hope for the best.
 
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lwpat

Senior Member
She is not a blood relative. The court is likely to go with you, especially if you can show she is not properly keeping an account of the assets. Is your mother on Medicaid or private pay?
 
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Paige26

Junior Member
lwpat said:
She is not a blood relative. The court is likely to go with you, especially if you can show she is not properly keeping an account of the assets. Is your mother on Medicaid or private pay?
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The nursing home is being paid from the sale of my mother's house. I have no proof she isn't properly handling her money. This is so hard to take because my mother disliked my sister-in-law intensely. The POA was signed when my mother was in the early part of the second stage of Alzheimer's. My mother told me she did not know what she was signing, and she told my brother she wanted both he and I on any official papers. He lied to her. My brother was close friend's with the attorney who prepared the POA, if the attorney had interviewed my mother properly he would have seen she wasn't capable of making a decision about her finances. My sister-in-law knew a month ago I was going into court to obtain guardianship and claimed she would not contest it. Now she's changed her mind. It's all about money...
 
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Some Random Guy

Senior Member
The sale of the house is a separate matter beyond the guardianship hearing. Do you have any clue that the sale of the house was not done properly in terms of the distribution of the money received or in the sale price of the home?

If you are appointed guardian, you will have a stronger legal footing to get answers to your questions about the sale.

I am curious why she is contesting your guardianship, at her expense, Either she expects to have a finincial benefit from being guardian or she believes that you are not the best person to make decisions for your mother. Is there any reason why the judge would not see you as being fit to manage your mother's affairs?
 
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moburkes

Senior Member
Paige26 said:
The nursing home is being paid from the sale of my mother's house. I have no proof she isn't properly handling her money. This is so hard to take because my mother disliked my sister-in-law intensely. The POA was signed when my mother was in the early part of the second stage of Alzheimer's. My mother told me she did not know what she was signing, and she told my brother she wanted both he and I on any official papers. He lied to her. My brother was close friend's with the attorney who prepared the POA, if the attorney had interviewed my mother properly he would have seen she wasn't capable of making a decision about her finances. My sister-in-law knew a month ago I was going into court to obtain guardianship and claimed she would not contest it. Now she's changed her mind. It's all about money...
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I'm confused as to why, if the money from the sale is being used to pay for the nursing home, you feel that your sister is not looking out for your mother.
 
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Paige26

Junior Member
Some Random Guy said:
The sale of the house is a separate matter beyond the guardianship hearing. Do you have any clue that the sale of the house was not done properly in terms of the distribution of the money received or in the sale price of the home?

If you are appointed guardian, you will have a stronger legal footing to get answers to your questions about the sale.

I am curious why she is contesting your guardianship, at her expense, Either she expects to have a finincial benefit from being guardian or she believes that you are not the best person to make decisions for your mother. Is there any reason why the judge would not see you as being fit to manage your mother's affairs?
Click to expand...
My sister-in-law resented having to do anything for my mother, and my mother couldn't stand her. There certainly would be financial gain, and according to my attorney the court sometimes reimburses monies spent for these legal fees out of my mother's money. My sister-in-law could care less about my mother's welfare. It's all about money.
 
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moburkes

Senior Member
Paige26 said:
Sister-in-law, need I say more?
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Yes, as a matter of fact. Just because your relationship with your sister in law isn't ideal, doesn't mean that other people assume that a daughter in law wouldn't adequately provide and care for their mother's stuff.
 
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