Please help Me understand.

What is the name of your state (only U.S. law)? NC__Problem is in NH

Where to start. About 2 weeks ago my mom was admitted to the ER not feeling well. After many cat scans and MRIs we have found that she is terminally ill with cancer. It is in her brain,lymph nodes, lungs, breasts, kidney, liver, bones and everywhere else. She has 50 tumors in her brain. The DR deemed her incompetent to make decisiond for herself. All within 2 weeks. In the background the Social worker at the hospital is encouraging my brother to get Guardinship over her medical and her estate. Stating that this is the quickest way to make things happen because she has no will. During this time it has come to my attention that my brother is removing things from her house to prevent it from being counted for the estate. He is playing my other brother against me and vice versa. He is trying to convince us that being the guardian of the estate is important because the state is going to take control and sell everything including her pictures. My understanding is that when she passes the guardianship is null and void and it goes to probate court anyway. Isn't it true that once at probate court there is mediation to discuss the affairs of her estate and who gets what? if not do they sell everything off to equally dispurse assetts to remaining children? He is trying to convince me to give him this power. What does Guardinship over an estate give you power to do? I have tried to read so much on it but but I am conflicted with the information..Can anyone help me understand? I am concerned..especially since she is still alive and feel this is a violation of her civil rights even though she is not able to understand anything that is going on. Please, exuse any spelling errors. I am mentally exhausted with all this.What is the name of your state (only U.S. law)?

melismata said:

What is the name of your state (only U.S. law)? NC__Problem is in NH

Where to start. About 2 weeks ago my mom was admitted to the ER not feeling well. After many cat scans and MRIs we have found that she is terminally ill with cancer. It is in her brain,lymph nodes, lungs, breasts, kidney, liver, bones and everywhere else. She has 50 tumors in her brain. The DR deemed her incompetent to make decisiond for herself. All within 2 weeks. In the background the Social worker at the hospital is encouraging my brother to get Guardinship over her medical and her estate. Stating that this is the quickest way to make things happen because she has no will. During this time it has come to my attention that my brother is removing things from her house to prevent it from being counted for the estate. He is playing my other brother against me and vice versa. He is trying to convince us that being the guardian of the estate is important because the state is going to take control and sell everything including her pictures. My understanding is that when she passes the guardianship is null and void and it goes to probate court anyway. Isn't it true that once at probate court there is mediation to discuss the affairs of her estate and who gets what? if not do they sell everything off to equally dispurse assetts to remaining children? He is trying to convince me to give him this power. What does Guardinship over an estate give you power to do? I have tried to read so much on it but but I am conflicted with the information..Can anyone help me understand? I am concerned..especially since she is still alive and feel this is a violation of her civil rights even though she is not able to understand anything that is going on. Please, exuse any spelling errors. I am mentally exhausted with all this.What is the name of your state (only U.S. law)?

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What is your mother's age? Does she have medical insurance (private, Medicare)? Do both your brothers live in NH? Was there a guardianship hearing yet? Is your mother in a hospital or nursing home?

My moms age is 56. She has either medicare or medicaid not sure which. The hearing is set for March 29th. Where I have to pay a $50.00 fee to conference in to the hearing which I have done already. Both brothers are in NH. She was just moved from a hospital to a kind of nursing home is how it was explained. It's not quite hospice but if she was to get hurt she would hve to be transported to the hospital and she might lose her bed. This is all through my brother. She was just moved there so I need to call in the morning. One other note my brother has felonies on his background. What for I couldn't tell you. I am the only one who has nothing in my credit or background..but was really put off by the fact when the court told me that who ever gains guardinship would also have to take a bond out on the estate. Where I live so far away I could not ensure that nothing would happen to the estate and don't trust my brother.

Thank You

In the background the Social worker at the hospital is encouraging my brother to get Guardinship over her medical and her estate.

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Any bets your brother didn't tell the Social Worker he has felonies? Your mother has the right to have an attorney represent her and only her. The court can appoint her an attorney. I strongly recommend you have this done.

Stating that this is the quickest way to make things happen because she has no will.

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A guardian cannot make a will for a ward. Your mother will be intestate (without a will) and any assests will be distributed as such.

During this time it has come to my attention that my brother is removing things from her house to prevent it from being counted for the estate.

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All property of a ward is to be inventorized, appraised, and filed with the court.

He is playing my other brother against me and vice versa.

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Do you have any pictures or video of your mother's belongings? Would your brother be able to take pictures/video of your mother's belongings.

He is trying to convince us that being the guardian of the estate is important because the state is going to take control and sell everything including her pictures.

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Any final bills need to be paid for with your mother's estate upon her passing. Sounds to me as though your brother is hiding assests to commit Medicaid fraud.

My understanding is that when she passes the guardianship is null and void and it goes to probate court anyway.

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The guardian has to provide a final accounting to the court prior to prior to them going to probate. Typically, guardians/conservators of estates are not discharged until the final accounting is audited.

Isn't it true that once at probate court there is mediation to discuss the affairs of her estate and who gets what?

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The affairs of her estate will be handled by the Personal Representative who is appointed by the court.

if not do they sell everything off to equally dispurse assetts to remaining children?

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What remains is distributed to NH's intestate succession.

He is trying to convince me to give him this power. What does Guardinship over an estate give you power to do?

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It gives you the power to handle all her property, including money.

I have tried to read so much on it but but I am conflicted with the information..Can anyone help me understand? I am concerned..especially since she is still alive and feel this is a violation of her civil rights even though she is not able to understand anything that is going on.

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When a person is deemed incompetent, the court appoints a guardian/conservator to make decisions for the incompetent. In the elder law section, someone asked the difference between a conservator & guardian. You may want to find that thread & read it.

Just because one is appointed guardian/conservator of a person and the person's estate, that does not automatically mean that the guardian makes health care decisions. To make those decisions, the court order usually also states who is the health care proxy/surrogate.

One other note my brother has felonies on his background. What for I couldn't tell you. I am the only one who has nothing in my credit or background..but was really put off by the fact when the court told me that who ever gains guardinship would also have to take a bond out on the estate. Where I live so far away I could not ensure that nothing would happen to the estate and don't trust my brother.

From NH's statutes:

V. (a) In all guardianships of the person, except when an agency or institution is named as the proposed guardian, the court shall review the proposed guardian's record of criminal convictions maintained by the New Hampshire division of state police.
(b) The petitioner shall file a release provided by the court and signed by the proposed guardian authorizing the release of any record of criminal convictions. The court may, in its discretion, accept a petition without the signed release and may appoint a guardian prior to receiving the proposed guardian's record of criminal convictions. When the court appoints a guardian prior to the receipt of the record of criminal convictions, the court shall review the record upon receipt and may reexamine the appointment of the guardian based on the information contained in the record.

You may be able to find out the felon's record by going into criminal records.

Here's a link to NH's statues about guardians.

http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XLIV.htm

Are you interested in being mom's guardian?

Found The Post With Terms

Depending on one's state is what term(s) are used.

Guardianships/Conservatorships can be limited (over either the person or the person's property) or plenary (over both the person and the person's property).

The court ordered appointment will state guardian/conservator of the person, guardian/conservator of a person's estate (property), plenary guardian/conservator or guardian/conservator of a person and person's estate.

Some states use conservator of estate when the court appoints an entity (i.e. bank) rather than a specific person. Some states use conservator for adults and guardian when the person is a minor. Also in cases of minors, the minor will have appointed guardian of the person and consevator of the minor's estate (i.e. when the minor has assests awarded via being a beneficiary).

There is an Attorney appointed to her. What is his roll for protecting her? I understand he is there to be sure all facts are true that have been stated. I spoke to him and told him of my concerns I'm not sure if he's a loud to take in to consideration anything I say because he represents my mom.