What is the name of your state? Illinois
My mom had a stroke in June. She can not talk but can nod or shake her head to yes and no questions and does know what she wants but is very slow or confused about making decisions.
She has 5 children. When her will was drawn, she created a trust instrument naming a brother as trustee in the even she becomes disabled and unable to manage her affairs.
My siblings are divided into two factions. I am opposed to the brother who is named as the trustee.
I called the lawyer who is working for the "trustee brother" asking if the brother had or was to have "durable power of attorney" the lawyer would not give me any information (conflict of interest - I guess). This morning I went to the courthouse to find what information I could and found that a Petition for Appointment of Guardian for Disapled Person was filed and is scheduled for Hearing on Thursday 13 September 2007, which is in two days.
When I asked the clerk if I should have been notified she said that I should have been, I asked if that meant I must be notified and she said only that I should have been.
If I want to contest this - brother being named guardian - should I show up for this initial hearing and will it be conducted like a regular court case? Do I get to put the brother on the witness stand and ask questions like what type of care does he envison for my mothers future etc...? What abilities and time does he have to devote to her well being and handle her estate?
If I don't show up for this initial hearing will I have recourse at a later date? With just finding out about this I don't even have time to interview lawyers, will a judge understand that and give me time to hire a lawyer and put a case together?What is the name of your state?
My mom had a stroke in June. She can not talk but can nod or shake her head to yes and no questions and does know what she wants but is very slow or confused about making decisions.
She has 5 children. When her will was drawn, she created a trust instrument naming a brother as trustee in the even she becomes disabled and unable to manage her affairs.
My siblings are divided into two factions. I am opposed to the brother who is named as the trustee.
I called the lawyer who is working for the "trustee brother" asking if the brother had or was to have "durable power of attorney" the lawyer would not give me any information (conflict of interest - I guess). This morning I went to the courthouse to find what information I could and found that a Petition for Appointment of Guardian for Disapled Person was filed and is scheduled for Hearing on Thursday 13 September 2007, which is in two days.
When I asked the clerk if I should have been notified she said that I should have been, I asked if that meant I must be notified and she said only that I should have been.
If I want to contest this - brother being named guardian - should I show up for this initial hearing and will it be conducted like a regular court case? Do I get to put the brother on the witness stand and ask questions like what type of care does he envison for my mothers future etc...? What abilities and time does he have to devote to her well being and handle her estate?
If I don't show up for this initial hearing will I have recourse at a later date? With just finding out about this I don't even have time to interview lawyers, will a judge understand that and give me time to hire a lawyer and put a case together?What is the name of your state?