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  1. #1
    Join Date
    Mar 2012

    Default Guardianship and Conservatorship of an Elderly Parent

    My question involves guardianship in the State of: New York and Missouri

    I am so unhappy at what I have to go through to get guardianship over my 74 year old mother who has been diagnosed as having dementia.
    On Dec 25th 2011 my mother suffered a heart attack in her home in New York City, but thank God my oldest daughter who resides with her was present at the time and knew immediately what to do to get her to the hospital right away. I live in Florida and was called by my daughter who was with her at the time of her heart attack. My mother was hospitalized in New York City at St Lukes Roosevelt Hospital. I also contacted my brother who is my only sibling in regards to what happened to my mother. While my mother was hospitalized she gave power of attorney over her medical to my oldest daughter and I. I contacted her doctor and nurse everyday to find out what was going on with her and the progress of her health. My younger daughter was also visiting with my mom as well for the Christmas Holiday. My brother arrived in New York almost 2 weeks after my mom was hospitilized, by that time my mom was home resting and my oldest daughter was there to give her meds and take her to see her cardialogist, my brother came and took over and even took meds away from my mother which caused the delay in her healing. I had made plans to fly to New York from Florida and had plan to stay with my mom to help take care of her and her finances and other important matter, but before I could get to New York my brother who traveled by car from St Louis, MO had taken my mother from her home and away from her medical care. I never got to see my mother until 3 weeks later after I had to take another flight to St. Louis to see about her. It was not until after my brother took her on a long road trip to St Louis in a very week state that she was diagnosed as having dementia.

    I have hired an attorney in Missouri where he has her, and I am awaiting a court hearing to get guardianship and conservatorship over my mother. I have already given the interrogatories form to her doctor to have filled out and it has been filed with the courts showing and advising by her doctor that my mother is incompetent and can not handle her finances and needs a guardian and conservator appointed to her.

    After my brother had driven his car up to New York City, without any money telling my younger daughter that he still realies on my mother to take care of him financially and leaving with her and not even taking any of her clothes or meds with him, shows that his only motive to come and take my mother away from her family and home was to exploit her for her money. My brother is very needy and was always contacting my mother when he got in a crises, most of the time to get out of jail. My brother is always arrested on numurous occassions for not paying his traffic tickets. My brother is 48 years old and very irresposible. He took my mother to his home where his family has expressed they did not ask him to bring my mom to their home and that she was really not wanted there. He has neglected to take care of his family in which he also has minor children that also need care.

    I am 50 years old, I have no minor children to support and my husband and I are willing to have her live with us in Florida and I am also willing to relocate to New York to stay with her if we need to.

    In the mean time my brother is manipulating my mother and telling my mother that myself and my daughters are stealing money from her because I have tried blocking him from using any of her credit cards and bank account, he has managed to get her to a bank close to his residence to try and get her address changed and have access to her money and also he is making plans to keep her in Missouri by trying to find an apt for him and her to live in with disregard to me being her child as well. He does not allow me to get any information about her medical situation and care, I managed to get medical records from one hospital he took her to and that is because I am her medical proxy and I have the papers to show. There are long periods of time where I do not speak with my mother and when I do speak with her she sounds very distant from me because my brother is brainwashing her and trying to turn her against me.

    I am still awaiting a court hearing and have been since I applied in February 14th, 2012. Can someone please tell me how long does a court hearing for guardianship of an elderly parent take?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Guardianship and Conservatorship of an Elderly Parent

    If everybody is on the same page, a hearing can be over in fifteen minutes or so. If a case is contested, and requires investigation or trial, the procedure takes as long as it takes - each case is different.

  3. #3
    Join Date
    Mar 2012

    Default Re: Guardianship and Conservatorship of an Elderly Parent

    Now I am being asked by my lawyer I hired in Missouri an additional $525 for an attorney to be appointed to my mom and an additional $10 because of me filing from another state. My lawyer said she was contacted by the court and this went into effect on Feb 1, 2012. I just don't have the additional funds right now, do you think this will throw out the case? Also I am being asked to fill out a bond application, she is telling me I have to be bonded for Conservatory. My mother does not own any property all she has is social security, and a pension and life insurance policies along with an annuity with a value of $40,000. I don't know what to do now without having the extra money needed. Also my brother has taken complete control over my mom. He is trying to keep the relationship of my mother and my daughters to a minimum. He has also taken her to her bank and had her accounts changed so that my daughter can not longer pay her rent as was advised by my mom to pay the payments out of her bank account along with her other bills. I have also been making sure her credit card bills were getting paid as well, and now all that can no longer be done. He plans on getting an apartment for him and her as well. Can my brother really get away taking over my mother's medical and finances without being her legal guardian or power of attorney?

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