RLflutie7 Posted June 3, 2005 Share Posted June 3, 2005 I have a question about guardianship. My mom has guardianship over my Grandfather and it's caused untold family problems. My question is this: There are three kids and my mom wants to resign the guardianship. The other two kids said yes and my mom started the paperwork to resign with my grandfather's lawyer. A professional guardian was chosen and my mother turned over paperwork to him and gave him the keys to my grandfathers mail box along with a check for $50K. Now my uncle says he won't sign the paperwork. Can my mother resign or does she need both signatures? Other details: My uncle hit my dad in the parking lot of a nursing home and my mom and dad filed a police report and the police arrested my uncle and cited and released him. I moved from Phoenix Arizona to South Bend Indiana because my Dad is in poor health. After selling tickets (I'm a scalper) during the football season my mom asked me to help care for my grandpa because he needed 24/7 care and my uncle has been throwing a fit about the care providers. My mom wanted me to do it because my uncle said my grandfather wasn't getting the proper care and my mom couldn't find anyone else to do it. My uncle wants to fire everyone she hires. Now after 90 days, my uncle is threatening to file a law suit against me because he says "I have enough information to bury both you and your mother". You can see why my mom wants to resign. Her brother is nuts because there's a $750,000 estate that he's after. My 85 year-old grandfather went in the hospital and the doctors ordered him (my mother) to put him in a nursing home for rehab (four weeks). The doctor said the care providers (me and two other ladies) couldn't care for him because of his condition. He can't walk etc. Can my mother resign? Link to comment Share on other sites More sharing options...
Dwight Drane Posted June 3, 2005 Share Posted June 3, 2005 First of all...good luck to you. You've had a little catharsis here...I guess Bills fans stick together. A family member was a guardian for Erie county for 15 years. When money is involved, she's had families threaten her life, tell her they know her kids' names, etc. The court system is set up to protect your grandpa to get him the proper care. Your mom may be overwhelmed, but she should tell the guardian that your uncle is bonkers and has a violent history. If your grandpa has that much stowed away, he should be able to get top notch care and not have to worry about family bickering. If your uncle keeps threatening, then you tell him you'll let the state court take care of the matter, including reviewing his history. I'm not sure of specifics, but if your mom hangs tough for a bit and wants what is best for her dad, you should be able to figure this out with a little help. PS Any ND tickets on the 50? Link to comment Share on other sites More sharing options...
erynthered Posted June 3, 2005 Share Posted June 3, 2005 I have a question about guardianship. My mom has guardianship over my Grandfather and it's caused untold family problems. My question is this: There are three kids and my mom wants to resign the guardianship. The other two kids said yes and my mom started the paperwork to resign with my grandfather's lawyer. A professional guardian was chosen and my mother turned over paperwork to him and gave him the keys to my grandfathers mail box along with a check for $50K. Now my uncle says he won't sign the paperwork. Can my mother resign or does she need both signatures? Other details: My uncle hit my dad in the parking lot of a nursing home and my mom and dad filed a police report and the police arrested my uncle and cited and released him. I moved from Phoenix Arizona to South Bend Indiana because my Dad is in poor health. After selling tickets (I'm a scalper) during the football season my mom asked me to help care for my grandpa because he needed 24/7 care and my uncle has been throwing a fit about the care providers. My mom wanted me to do it because my uncle said my grandfather wasn't getting the proper care and my mom couldn't find anyone else to do it. My uncle wants to fire everyone she hires. Now after 90 days, my uncle is threatening to file a law suit against me because he says "I have enough information to bury both you and your mother". You can see why my mom wants to resign. Her brother is nuts because there's a $750,000 estate that he's after. My 85 year-old grandfather went in the hospital and the doctors ordered him (my mother) to put him in a nursing home for rehab (four weeks). The doctor said the care providers (me and two other ladies) couldn't care for him because of his condition. He can't walk etc. Can my mother resign? 350758[/snapback] I typing for my wife, she's making diner. I would need to know if the court approved her resignation, and entered an order to appoint the professional guardian. (Sorry for the spelling ) Gennerally, the court gives preference to family members as guardian and finds it preferential to appointing a professional guardian. Thus, if no family member, other than the Uncle is willing to act as guardian he could probably petition the court and successfully get court appointment as guardian. Barring any criminal backround or interest at odds with your Grandfather, once again I see no problems with him successfully getting appointed as guardian if he tries. Disclaimer: She is not an Attorney, this advice is only as matter of fact, short version, your on your own. Link to comment Share on other sites More sharing options...
RLflutie7 Posted June 3, 2005 Author Share Posted June 3, 2005 First of all...good luck to you. You've had a little catharsis here...I guess Bills fans stick together. A family member was a guardian for Erie county for 15 years. When money is involved, she's had families threaten her life, tell her they know her kids' names, etc. The court system is set up to protect your grandpa to get him the proper care. Your mom may be overwhelmed, but she should tell the guardian that your uncle is bonkers and has a violent history. If your grandpa has that much stowed away, he should be able to get top notch care and not have to worry about family bickering. If your uncle keeps threatening, then you tell him you'll let the state court take care of the matter, including reviewing his history. I'm not sure of specifics, but if your mom hangs tough for a bit and wants what is best for her dad, you should be able to figure this out with a little help. PS Any ND tickets on the 50? 350785[/snapback] Thanks for the answer. Bills fans are good people there's no doubt. The guardian is something my mother wants because she's afraid of my uncle and he has hit my dad. The guardian knows of my uncle and they've met. But my uncle now wants to prevent a professional guardian. I'm sick of the situation and I've only been in South Bend 9 months. I wish I'd never come home. If I don't go back to Phoenix before September I'll get those ND tickets. I was in South Bend this last season. They're not that hard to come by. But it depends on the game. Plus, it's going to get harder. Link to comment Share on other sites More sharing options...
RLflutie7 Posted June 4, 2005 Author Share Posted June 4, 2005 I typing for my wife, she's making diner. I would need to know if the court approved her resignation, and entered an order to appoint the professional guardian. (Sorry for the spelling ) Gennerally, the court gives preference to family members as guardian and finds it preferential to appointing a professional guardian. Thus, if no family member, other than the Uncle is willing to act as guardian he could probably petition the court and successfully get court appointment as guardian. Barring any criminal backround or interest at odds with your Grandfather, once again I see no problems with him successfully getting appointed as guardian if he tries. Disclaimer: She is not an Attorney, this advice is only as matter of fact, short version, your on your own. 350795[/snapback] The court hasn't approved, but the process is in motion. My uncle agreed but now wants my mom to stay. My mom just wants out. She doesn't care about the money or her brother. She just wants off. Is there a way the court could make her stay. I'm worried about my parents safety and there finanical well being. I've had words with my uncle who's 57 years old. One night I went to care for my Grandpa and my uncle started threatening me. . . so I told him in no uncertain terms what would happen if he threatened me again. Anyway, thanks for the reply. I just tried of all this BS Link to comment Share on other sites More sharing options...
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