Proposed Adult Ward Being Taken from Country

[SuperTed]

My question involves a person located in the state of: Wisconsin

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?

[PayrolGuy]

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.

[pg1067]

He is now her personal representative

Personal representative for what purpose(s)?

He is now . . . her PoA for health care and finance. . . .

Note: there are no activated powers of attorney.

These two statements seem to be in direct conflict.

Assuming guardianship is granted, what happens if Mom is in England?

Hypothetically, thousands of things could conceivably happen. If, prior to the date of the hearing, your mother moves out of the country, you would be obligated to disclose that to the court, and the court might decline to enter a guardianship order. This is something you ought to be discussing with your attorney.

Would the guardian (presumably me) have legal grounds to demand that she and her money be returned?

I'm not sure what you mean by "legal grounds to demand."

If I were you, I'd talk with my attorney about seeking an emergency restraining order preventing your mother from leaving -- and preventing your brother from assisting her to leave -- the state until the guardianship hearing.

[SuperTed]

Personal representative for what purpose(s)?

These two statements seem to be in direct conflict.

Hypothetically, thousands of things could conceivably happen. If, prior to the date of the hearing, your mother moves out of the country, you would be obligated to disclose that to the court, and the court might decline to enter a guardianship order. This is something you ought to be discussing with your attorney.

I'm not sure what you mean by "legal grounds to demand."

If I were you, I'd talk with my attorney about seeking an emergency restraining order preventing your mother from leaving -- and preventing your brother from assisting her to leave -- the state until the guardianship hearing.

He is the personal representative for her will.

He is listed as the primary person on the PoA documents, but the health care document has not been activated.

I have contacted the GAL about my brother's stated plans to take Mom from the country, and she said Mom can still decide to do that because she has not been declared incompetent (yet).

If a guardian determines that what is in the ward's best interest is to stay in the community where they've lived for 50 years, must others follow that determination or can they just ignore it?

Unfortunately, my attorney is on vacation until the middle of next week, so I'm at a loss for what to do.

[PayrolGuy]

He is the personal representative for her will.

He is listed as the primary person on the PoA documents, but the health care document has not been activated.

I have contacted the GAL about my brother's stated plans to take Mom from the country, and she said Mom can still decide to do that because she has not been declared incompetent (yet).

If a guardian determines that what is in the ward's best interest is to stay in the community where they've lived for 50 years, must others follow that determination or can they just ignore it?

Unfortunately, my attorney is on vacation until the middle of next week, so I'm at a loss for what to do.

Is your lawyer a solo practitioner or do other lawyer work in his practice? If he works for a firm talk to his boss or one of his partners.

[SuperTed]

I did not know that was an option. I'll talk to her partner tomorrow.

[PayrolGuy]

It may not help but it is an emergency so it is worth a try.

[SuperTed]

Agreed. Thanks!