Wednesday, November 20, 2013

More.....

Fighting a legal guardianship doesn't require much.  Just a simple urge to do so.  LOL  You don't even need a sound legal reason.  Like Pa's kids. 

I went to court with my self-filing papers 20 minutes early.  I was sitting in the hall outside the assigned courtroom when a very arrogant man approached me and asked me if I was there for my Ma's case.  I replied yes, and he proceeded to get closer to me, pointing his finger at me and telling me how the court action was going to go.  He was quite loud.  He also informed me that he was there representing the lawyer that Pa's kids had hired.  Their lawyer was unavailable to be there that day, so this obnoxious man was there filling in for him.  I was in SHOCK at that point. I could not believe that they were going to try to stop me from becoming my Ma's legal guardian.  

Ma's court appointed lawyer arrived, and we introduced ourselves as we had already spoken on the phone.  I told him what happened and he was as shocked as I was.  I was very upset and crying at this point.  When I get that shocked and angry, I tend to either yell or cry.  Since I was in such a quiet serious environment I cried my eyes out.  I pulled myself together and went into court.  I can't use the word shocked enough.  Unbelievable.  The Judge that had been assigned for months to this case wasn't there.  He was on some sort of leave of absence.  A judge from a different venue of a court was there.  He admonished me for crying, saying if I was going to be a legal guardian I had to pull myself together.  I was still in a state of shock over finding out that Pa's kids were contesting my actions. Oh my..... I answered any and all questions that were asked of me which were not many, and he assigned a continuance and advised me to get a lawyer at this point.  Their argument for contesting my becoming guardian was that I "intended to move Ma AWAY from Pa and keep them apart".  Needless to say, this was and has never been true.  BUT, it was enough for this judge and the court system to put everything on hold.  I left there that day completely drained.

I don't think I explained earlier, that when Pa's daughter came into town before my court hearing, she took Pa to a lawyer that she had found through a legal referral service where she worked, and had him complete a new Power of Attorney.  I was asked to be there for this.  I attended, and up until the very end was ok with what they were doing.  Once the new POA was signed though, they started talking about making a new will.  Knowing full well, AND the lawyer knowing full well that Pa has alzheimers, he had him sign stating he was of sound mind and I was amazed.  I thought these actions were illegal.  Once we were done having him do the POA, which the lawyer told them was the cheapest way to go instead of becoming a legal guardian, I was "dismissed".  Literally and figuratively.  I was told they were all having dinner together at their Pa's sister's house, and that I could leave.  After leaving I contacted both the lawyers office and them, Pa's daughter and son, and told them I was no longer willing to allow this POA to be completed and would dispute it.  I also was against a new will.  THIS is the reason they stepped in to dispute my becoming legal guardian of Ma.  Their NEW will, the one they had completed the very next day, took Ma completely OUT of the will.  In the original will, she was to receive everything if he passes before her.  The new one left her with nothing.  After 34 years of marriage does Ma deserve to be treated as such?  

Many bickerings, emails and communications later, we were in court.  This was now becoming a fast acting nightmare.  All because I did not have the Mental Health Power of Attorney Arizona required.

(IF I were to become legal guardian, it would become quite easy to dispute and overturn the new POA and Will they had him sign.  WHEN I become her guardian, this is the first thing I will do, in addition to stopping this original lawyer from ever practicing law again.  Not having the Guardianship will not stop me from accomplishing this, but it will be much easier as her guardian as I will have the court appointed legal right to do so to protect my Ma.  Even as I type this information months later, I am still amazed that this has gone on for so long now. )

It is now years later, and I am titling and restarting this blog.  It might at the very least, bring me some peace of mind and enable me to get all of this out of my head on onto "paper" so to speak.

1 comment:

  1. I'm angry for you, and sickened that families act like vultures even before a loved one dies. There's enough distress just dealing with this kind of illness, without throwing in legal battles. :(

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