I have a friend who I briefly worked for... That's how we met. Her son in Alaska (we're in Washington State) who was power of attorney, appointed a financial guardian ad litem because he didn't like her sending money to a friend of hers that she'd been doing for for 6 years. Now she has this guardian who has reduced her spending to $300 a month. She's 85 years old, had her own business, and a fairly wealthy husband, dead now for 20 some odd years. She liked going to the casino, getting her nails and hair done, getting her dog groomed, and buying things for her grandkids on home shopping networks. $300 a month basically covers food and nothing else. She did have a grandson living with her, but the GAL has deemed him to be "not very helpful" to her and obtained a court order demanding he move from the home, (so now she has NO ONE except a girl that comes in for 4 hours once a week, and my friend occasionally has falls!) They sent police to their house to enforce ousting the young man and changed the locks so he can't come in. She is forbidden to see him or talk to him, even though she wants to and didn't want him kicked out! They found out that he was driving a truck that was in her name and took it from him. It now just sits in her yard. A van she had that could accommodate her scooter needed a new starter. They said its in "storage" but she thinks they sold it. They are trying to inventory all of her belongings to sell as well. I'm told that her son in Alaska that started all this no longer has power of attorney, and that they need to go to court to change anything but the only person that will be attending court in her favor is her granddaughter. My friend has been found to be very mentally competent by her doctor. I was interviewed by the GAL to be a caregiver but because I don't have certain certs, I was denied (I'm an independent home health provider thru COPES and our local DSHS office). How can I help my friend?? She's beginning to feel helpless.
Her son is probably doing what MUST be done by putting her on a strict spending budget, lest she spend her entire nest egg frivolously.
You are likely getting only one small piece of a much larger story here, including why a 'guardian' was appointed to begin with for a 'mentally competent' individual.
There are many red flags in your post. HSN, live in grandson who is a possible "moocher" and not helping, sending money to people....
Why do you believe that her son appointed the guardian? Her story doesn't hang together as to the facts...
I heard mthr talk about situations like this when I was young and she too gave only the affected elder's side. It's sad that the neighbors don't always recognize the signs of dementia, hoarding, and elder abuse and instead generally take the elder's word as truth. Mthr told terrible stories about me to her neighbors. I understand they only heard her side, but it still hurts to be in that position. I can see how an elder who has been adjudicated incompetent would be furious by their loss of rights. However, I trust that the court has her best interest in mind. Perhaps talking to the local Clerk of Courts could clear up the situation for the OP. C of C could show the OP how to use the public record to find out what really happened.
Unfortunately, your friend will need to challenge this particular, so-called guardian's validity. What you can do is prepare a synopsis of the situation and attempt to find a good elder law attorney with experience in contested guardianships, but your friend should make the decision who to retain. A history of this guardian's experience is absolutely necessary, as removal will require court action.
The attorney could ask for injunctive relief such as a Temporary
Restraining Order (TRO) enjoining (preventing) this guardian from (a) generally all activity he/she is doing, or (b) more specifica restrictions, , such as spending money, interfering with visitors or family, etc..
A TRO would stop the so-called Guardian from selling assets, etc., but it could also prevent him/her from even providing food for your friend. This is how a more specific TRO could be more beneficial.
The Court may even appoint a temporary guardian to act while the matter is being litigated.
Unfortunately, this doesn't surprise me, as I've learned of a few similar situations in this area. And, although I don't recall all the details, I do believe that unfortunately these issues occurred through court appointed guardianships.
I'm assuming that you would want to be appointed in place of the guardian. If so, be prepared to explain in detail why you feel you're appropriate, as well as addressing what may appear on the face of the situation "sour grapes" b/c you didn't get the appointment.
This is not an accusation, or judgment conclusion, just an observation of someone who apparently was interested in being a guardian having become involved in attempted removal of an apparently improperly appointed guardian. I'm sure allegations will fly; be prepared.
As far as her grandson goes, he wasn't working, aside for the few odd jobs because she liked him home a fair amount of time because it's hard for her to do things around the house, carry things etc, and he filled that role. Last fall she moved from her house in a nearby town to move into this one (that she also owns; she was letting the grandson live here already) because her granddaughter wanted her living closer after she set her kitchen on fire in the other house. He was helping her sort thru what to sell what to keep etc. And her son had no problem with his nephew living with her, they WANT her to have some supervision. So the guardian ad litum kicks out the only family member that is free to live there? Everyone else is married or out of town or is too busy to move in with her or have her live with them. She doesn't object to this guardian helping her with her finances. What she objects to is not having a couple extra hundred dollars to do her beauty upkeep, or buy this or that for special occasions or birthdays and being court ordered to not see her grandson or having someone she trusts in the home to help out.
I would suspect the real reason why they kicked the grandson out, was because he would be the only one standing in there way of getting her stuff.
What right do they think they have selling her stuff?
LadyKain, I don't know what to tell you to do but It is good that your trying to help her.