Overturning Guardianship

[abentley483]

What is the name of your state? Georgia

Can a guardianship be overturned? My husband's aunt has been declared incompetent due to Alzheimers. She was diagnosed and medicated before we were even contacted, and is not as near bad off as they lied about in court. She does need some help managing her finances though.

My sister-in-law and her husband informed us that another nephew had been given almost every penny she had before she was diagnosed, and that they were hurriedly applying for Emergency Guardianship of her to stop her exploitation by this nephew. To make a long story short, they are poor managers of even their own assets. They live in the basement of a cousin's house and have nothing both almost 60 years old. They were only able to make the bond for guardianship with another relatives help. They have already cashed one of the aunt's life insurance policy to "pay bills" but her house payment was 2 months past due as of the 27th of March.

Can this be overturned? Should we get a lawyer and challenge them or can this be done by petitioning the court for guardianship of her and representing ourselves.

 

[seniorjudge]

What is the name of your state? Georgia

Can a guardianship be overturned? My husband's aunt has been declared incompetent due to Alzheimers. She was diagnosed and medicated before we were even contacted, and is not as near bad off as they lied about in court. She does need some help managing her finances though.

My sister-in-law and her husband informed us that another nephew had been given almost every penny she had before she was diagnosed, and that they were hurriedly applying for Emergency Guardianship of her to stop her exploitation by this nephew. To make a long story short, they are poor managers of even their own assets. They live in the basement of a cousin's house and have nothing both almost 60 years old. They were only able to make the bond for guardianship with another relatives help. They have already cashed one of the aunt's life insurance policy to "pay bills" but her house payment was 2 months past due as of the 27th of March.

Can this be overturned? Should we get a lawyer and challenge them or can this be done by petitioning the court for guardianship of her and representing ourselves.

Q: Can this be overturned?

A: Yes, if you can convince the judge that he was stupid in appointing whoever he appointed the first time. You will need a massive amount of information showing that the guardians who were appointed are bad people.


Q: Should we get a lawyer ....

A: Yes.

 

[GaAtty]

GaAtty

Yes, someone can be shown to be incapable of being a guardian. You will need an attorney, however, it seems to me that you are going in the wrong direction. It does not sound like the guardianship of the person is what you are concerned about nearly as much as the money management. The court can appoint a different person to be guardian of the property or power of attorney for her, and that person could manage her money for her. The power of attorney would be simplest, with no need to go to court if her current guardians are agreeable. On the other hand, you may want to hire an attorney on her behalf, as the attorney would be able to represent her in a suit against the nephew to get back the funds. If the current guardians are opposed to hiring an attorney in her behalf, that is suspicious in itself.

 

[BlondiePB]

I, respectively, disagree with some of your post GaAtty.

The power of attorney would be simplest, with no need to go to court if her current guardians are agreeable.

Once a guardian is appointed over person and/or property, only the court can make changes. A guardian cannot give his/her duties to another person. Once a person is declared incompetent and the court appoints a guardian, there can be no POA.

On the other hand, you may want to hire an attorney on her behalf, as the attorney would be able to represent her in a suit against the nephew to get back the funds.

This would be the responsibility of the guardian. Only the guardian can represent the ward in court for such civil action (with permission of the court to file a lawsuit), unless a judge appoints the ward a court appointed guardian for such litigation.

 

[kcjmcph]

what is best for your aunt?

I am not a professional-but in the same type of situation. If her quality of life is in question-fight all that you can. If it is the money-you can't take it with you!