guardianship

[boilinfrog]

state of pennsylvania


my sister's lawyer (pro bono) and human services asked me if i wanted to be guardian over my 51 year old incapacitiated sister. i said okey! the lawyer died - 59 years old. so i went to court without a lawyer and the court indicated that i needed witnesses in order to prove, according to the state law, the incapacitiated nature of my sister.

enter my reprobate brother (gambler, drinker, and DUI person) after retaining a lawyer to challenge the petition indicating falsely that i took money from my sister in the past.

at this point I(the petitioner) decided to withdraw the guardianship petition because of the cost, inconvenience, and the fact i've already 'helped her' and feel i don't need guardianship after all.

now, my brother/attorney is refusing my motion to dismiss the petition.

this doesn't make sense to me. please explain **************.what can i do. i'm not hiring an attorney**************.....thanks!

 

[BlondiePB]

now, my brother/attorney is refusing my motion to dismiss the petition.

this doesn't make sense to me. please explain **************.

Your brother and his attorney can go forward with the guardianship hearing of your incapacitated sister. The court will require that your sister is, indeed, incapacitated.

what can i do. i'm not hiring an attorney**************.....thanks!

You will require an attorney anyway if you were appointed your sister's guardian, so hire one. There are things that make one ineligible to be a guardian and your "flunky" brother is NOT guardian material.

 

[boilinfrog]

i just filed an official motion with the court to dismiss the petition.

my dysfunctional brother is challenging my petition for guardianship (fine) , but now he is denying (through his attorney) my motion to dismiss the guardianship petition.
(they shouldn't be allowed to have it both ways.)

i'm not interested in being guardian any longer. i plan to NOT show up at the scheduled hearing on feb 14th. what are the possible consequences of my action? could i now be a criminal?

thanks, mike**************.

 

[BlondiePB]

my dysfunctional brother is challenging my petition for guardianship (fine) , but now he is denying (through his attorney) my motion to dismiss the guardianship petition.
(they shouldn't be allowed to have it both ways.)

This is perfectly legal.

i'm not interested in being guardian any longer. i plan to NOT show up at the scheduled hearing on feb 14th. what are the possible consequences of my action? could i now be a criminal?

No, you won't be a criminal. Do your sister a HUGE favor. Show up in court, tell the judge you do not want to be your sister's guardian and that a court appointed guardian needs to be appointed for your sister because your brother has a record (DUIs) and a gambling problem. Your sister needs protection from your "flunky" brother who will steal from your sister. That's why he is NOT guardian material. It's the right thing to do for your sister's sake.

thanks, mike**************.

You are welcome.

 

[boilinfrog]

the guardianship hearing date was set nearly two months ago. in the meantime, being the petitioner, i summited a request to the court to withdraw the petition. today i find out that the 'continuance' has been denied and that the hearing date still stands. what does this all mean? .....denial of the continuance**************.doesn't this mean that the case will not be continued. ************** it's over**************...??????

 

[BlondiePB]

the guardianship hearing date was set nearly two months ago. in the meantime, being the petitioner, i summited a request to the court to withdraw the petition. today i find out that the 'continuance' has been denied and that the hearing date still stands. what does this all mean? .....denial of the continuance**************.doesn't this mean that the case will not be continued. ************** it's over**************...??????

The guardianship hearing is going ahead as scheduled. Mike, go and protect your sister from your brother by asking the judge to appoint a court appointed guardian for her.

 

[boilinfrog]

why is it legal for my brother and his attorney to continue the hearing when I(the petitioner) have filed a motion to withdraw the same.

why is this legal? .....and what are the implications here?

as i indicated initially, they want to do a 'fishing expedition' into my sisters inheritance which took place 25 years ago. i did manage part of her money. i purchased a house for her (25 years ago) in the best part of town - the house has tripled in value...no mortgage. i paid all her property taxes and insurance and purchased three cars for her over that period of time. however, there were some bad common stock investments. i never took a penny of her money. my flunky brother and his attorney want an accounting of 'her money'.

remember, this was a petition for guardianship**************.does a statute of limitations enter the picture? are IRS records and stock records accessible?....and how far back? the stock investments were prior to fifteen years ago. .....and how can my brother sue me over my sisters money?

help me plan my strategy. should i reveal anything at all or just plead the 5th? i'm not getting an attorney..... i feel i did nothing wrong.

if you could, give me a substantive answer and i will certainly appreciate it.

 

[BlondiePB]

why is it legal for my brother and his attorney to continue the hearing when I(the petitioner) have filed a motion to withdraw the same.

why is this legal? .....and what are the implications here?

Your brother's attorney can file a motion that the guardianship hearing NOT be dropped. The court has, obviously, granted the motion.

as i indicated initially, they want to do a 'fishing expedition' into my sisters inheritance which took place 25 years ago. i did manage part of her money. i purchased a house for her (25 years ago) in the best part of town - the house has tripled in value...no mortgage. i paid all her property taxes and insurance and purchased three cars for her over that period of time. however, there were some bad common stock investments. i never took a penny of her money. my flunky brother and his attorney want an accounting of 'her money'.

What was your legal authority to manage your sister's money and make those purchases? Have you received a subpeona to turn over the records?

remember, this was a petition for guardianship**************.does a statute of limitations enter the picture? are IRS records and stock records accessible?....and how far back? the stock investments were prior to fifteen years ago. .....and how can my brother sue me over my sisters money?

No, yes, don't know, he can.

help me plan my strategy. should i reveal anything at all or just plead the 5th? i'm not getting an attorney..... i feel i did nothing wrong.

Pleading the 5th is for criminal cases. Does your sister have a court appointed attorney who represents her and ONLY her in all this?

 

[boilinfrog]

guardianship....

there was a hearing a week ago: i did not attend the hearing but i did file a prior motion to be dismissed as petitioner for guardianship for my sister. the judge reluctantly dismissed me as petitioner and substituted my dysfunctional brother as petitioner on a motion by his attorney. so, now this 'guardianship' is between my brother and his attorney and my sister and her court appointed attorney. ****************************.when i was the person and only person who has gone to extensive effort to stablize my sister. what do you think blondie?

MY BROTHER: it’s outrageous that my brother was named the petitioner for guardianship for SARA. my brother has a bipolar condition and has spent time on the 5th floor of jameson hospital. he’s an alcoholic and a compulsive gambler. he’s been in and out of jail on DUI violations. his record of unprincipled and dysfunctional behavior is extensive. you could say that he is out of the ‘grid’ - no address, no phone, and no car. he has never done anything for our sister despite living in the same town. my brother is not ‘guardianship’ material as you indicated.

you know blondie: i was told years ago how to deal with attorney's: STAY AWAY FROM THEM****************************..

 

[boilinfrog]

WHAT HAS BEEN DONE (recently): I had SARA admitted to the hospital for a psychological examination on a 302 (involuntary commitment). this was long over due. she is now on an antidepressant drug LEXAPRO. the social security system designated ME as representative payee for her social security check. I keep good records and will be audited by the social security administration. currently I have an attendant/friend to ‘check in’ on SARA once a week. she helps with the shopping, assists, and helps SARA with her home and general needs. per pennsylvania form PA162 from the lawrence county assistance office, SARA has been found medically and financially eligible for wavier services effective october 24, 2005. SARA spent three weeks in the hospital last fall, and will no doubt have substantial 'on going' medical expenses in the future. her "access" card takes care of all medical expenses. I sent a medical report to the pennsylvania DOT and had SARA's drivers license suspended. five months ago I made application for the pennsylvania COMMCARE wavier and just last week had a "telephone appeal hearing". a judgement on SARA's eligibility I anticipate will be around march 1st. for details on the COMMCARE WAVIER search google for "pa commcare wavier". I had a new high efficient furnace installed in her home last fall. a couple of years ago I blew insulation into her attic. many other repair and maintenance tasks have been done. I AM MONITORING MY SISTERS WELFARE, ALWAYS HAVE AND WILL CONTINUE TO DO SO IN THE FUTURE.

 

[boilinfrog]

I'VE TOLD YOU THIS MUCH, I MIGHT AS WELL CONTINUE**************.LOOKING FOR SOME GOOD PROFESSIONAL ADVICE**************...

SARA is very rebellious, and has a track record of irresponsibility all over town. she’s been banned from the YMCA for inappropriate behavior, went to court for harassing her neighbor, and spent the night in jail for comtempt of court on another occasion. she has bounced checks every month for the last twenty five years; one month she bounced fifteen checks. she is a spendthrift with many unpaid bills. she is extremely aggressive; she imposes on people; she has a ‘filthy’ mouth and will "F" people any time or place. she is famous for making scenes, even at church. people generally do want to get involved with SARA.

in short, SARA has many physical and mental problems stemming from a brain injury as a result of an auto accident. her condition: trouble relating to others, irritated or angry for no reason, inability to listen and learn, inability to recognize her incapacity’s, on and on, are all signs of TRAUMATIC BRAIN INJURY.

 

[BlondiePB]

there was a hearing a week ago: i did not attend the hearing but i did file a prior motion to be dismissed as petitioner for guardianship for my sister. the judge reluctantly dismissed me as petitioner and substituted my dysfunctional brother as petitioner on a motion by his attorney. so, now this 'guardianship' is between my brother and his attorney and my sister and her court appointed attorney. ****************************.when i was the person and only person who has gone to extensive effort to stablize my sister. what do you think blondie?

MY BROTHER: it_s outrageous that my brother was named the petitioner for guardianship for SARA. my brother has a bipolar condition and has spent time on the 5th floor of jameson hospital. he_s an alcoholic and a compulsive gambler. he_s been in and out of jail on DUI violations. his record of unprincipled and dysfunctional behavior is extensive. you could say that he is out of the _grid_ - no address, no phone, and no car. he has never done anything for our sister despite living in the same town. my brother is not _guardianship_ material as you indicated.

you know blondie: i was told years ago how to deal with attorney's: STAY AWAY FROM THEM****************************..

What do I thinK? I think you're a spineless coward who is throwing his sister to the wolves and am glad you're not my sibling. The first thing your brother will do if he is appointed guardian of your sister will probably put a restraining order on you to stay away from her. If you know who the court appointed attorney is for your sister, inform him of your brother's DUI's, stay in the mental ward, and gambling problem. There are statutes that state persons who are ineligible to be a guardian. Your brother is not eligible. If you do not know who is the court appointed attorney for your sister, that info will be in her file at the probate division of the courthouse.

Edit: I have asked another member to look at this regarding the brain injury.

 

[rmet4nzkx]

Well if your sister is a survivor of TBI and this inconpacitated it sounds as if neither of you are appropriate guardians for her especially if you have allowed her to continue without closer supervision or conservation for 25 years. Apparently there may be some truth to his claim of mismanagement of her inheiritance. Is it in a special needs trust? Have you been making all the required reports? Has she had an attorney representing her in the past? A lot of what you write here doesn't make sense, especially starting these proceedings and failing to appear for the hearing. Something doesn't jive. Please contact her attorney and inform them of your brother's legal issues and ask for a public guardian, it is very possible that your sister may require residential care, sending a friend once a week to help may not be enough. Contact your local Independent Living Center for referals and assistance.