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Proposed Adult Ward Being Taken from Country

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SuperTed

Junior Member
I filed a petition for guardianship for my mother. Two doctors have confirmed her diagnosis of dementia, Adult Protective Services wrote a lengthy report recommending guardianship, several people in the community have shown concern for my mother's changing behavior and mental competency (including the attorney representing her!). The guardianship hearing is less than two weeks away, and there appears to be little doubt that guardianship will be granted.

In December, 2018, my brother "helped" my mother change all of her legal documents. He is now her personal representative, her PoA for health care and finance, and receives her house via ToD. Previously, he appeared on none of those documents. About three weeks ago, my brother showed up and began "helping" my mother change all of her financial accounts, presumably to include him. He also contacted the Passport Renewal Agency. He admitted last week that his plan is to take her (and presumably her money) back to England with him. He lives there, does not have full time employment, and shares a one-room condo with his wife and two small children.

Note: there are no activated powers of attorney.

Assuming guardianship is granted, what happens if Mom is in England? Would the guardian (presumably me) have legal grounds to demand that she and her money be returned?
 


PayrollHRGuy

Senior Member
The ruling of a US court is going to mean very little in the UK.

You need to contact the lawyer involved TODAY and voice your concerns. But remember that lawyer represents her not you. You may have to get your own lawyer.
 

quincy

Senior Member
I filed a petition for guardianship for my mother. Two doctors have confirmed her diagnosis of dementia, Adult Protective Services wrote a lengthy report recommending guardianship, several people in the community have shown concern for my mother's changing behavior and mental competency (including the attorney representing her!). The guardianship hearing is less than two weeks away, and there appears to be little doubt that guardianship will be granted.

In December, 2018, my brother "helped" my mother change all of her legal documents. He is now her personal representative, her PoA for health care and finance, and receives her house via ToD. Previously, he appeared on none of those documents. About three weeks ago, my brother showed up and began "helping" my mother change all of her financial accounts, presumably to include him. He also contacted the Passport Renewal Agency. He admitted last week that his plan is to take her (and presumably her money) back to England with him. He lives there, does not have full time employment, and shares a one-room condo with his wife and two small children.

Note: there are no activated powers of attorney.

Assuming guardianship is granted, what happens if Mom is in England? Would the guardian (presumably me) have legal grounds to demand that she and her money be returned?
You might want to consider an emergency order preventing your brother from removing your mother from the country until guardianship is determined.
 

LdiJ

Senior Member
You might want to consider an emergency order preventing your brother from removing your mother from the country until guardianship is determined.
And maybe even an emergency order to somehow suspend her passport or block its renewal. She also won't have any medical insurance in the UK as she won't be allowed to use their national health care. All in all, this is a very bad idea. He and his wife have no idea what they are getting themselves into with the idea of caring for someone with dementia at all, let alone in very close quarters.
 

LdiJ

Senior Member
The ruling of a US court is going to mean very little in the UK.

You need to contact the lawyer involved TODAY and voice your concerns. But remember that lawyer represents her not you. You may have to get your own lawyer.
The UK is pretty good about honoring court orders from other countries in many circumstances. Certainly the mother is not going to be a legal resident of the UK and in that circumstance I suspect that the courts in the UK would honor a US courts order of guardianship.
 

quincy

Senior Member
And maybe even an emergency order to somehow suspend her passport or block its renewal. She also won't have any medical insurance in the UK as she won't be allowed to use their national health care. All in all, this is a very bad idea. He and his wife have no idea what they are getting themselves into with the idea of caring for someone with dementia at all, let alone in very close quarters.
Agreed. It might be smart for SuperTed to consult with an elder law attorney, as the brother's actions are questionable.
 

SuperTed

Junior Member
Thanks for the quick replies.

I do have an attorney, but she is on vacation until the middle of next week. Hence my increasing feelings of panic...

Would it be appropriate to contact the GAL assigned to the case? I have discussed my concerns with her before, but she said Mom still has the right to leave because she hasn't been declared incompetent. What has changed since we last talked is a strong suspicion that an airline ticket was purchased this morning.

APS has had contact with my brother, and they made it clear in their report that he has no understanding of dementia.
 

quincy

Senior Member
Thanks for the quick replies.

I do have an attorney, but she is on vacation until the middle of next week. Hence my increasing feelings of panic...

Would it be appropriate to contact the GAL assigned to the case? I have discussed my concerns with her before, but she said Mom still has the right to leave because she hasn't been declared incompetent. What has changed since we last talked is a strong suspicion that an airline ticket was purchased this morning.

APS has had contact with my brother, and they made it clear in their report that he has no understanding of dementia.
Contact another attorney - rapidly.
 

SuperTed

Junior Member
No worries. That’s a completely reasonable question. I have been Mom’s primary support for more than 30 years, while my brother has always been missing in action. Mom always made two things very clear: 1) she wanted me to be the one to take care of her; and 2) she did NOT want my brother involved at all.
 

Zigner

Senior Member, Non-Attorney
No worries. That’s a completely reasonable question. I have been Mom’s primary support for more than 30 years, while my brother has always been missing in action. Mom always made two things very clear: 1) she wanted me to be the one to take care of her; and 2) she did NOT want my brother involved at all.
As it is a reasonable question, it seems reasonable to expect an answer.
 

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