Legal Question in Elder Law in New York

Need help with Guardianship Proceedings

My brother took control of my mother's money in 2003. My brother got power of attorney for my mother in 2005. I believe and know he has been misusing her money by giving his wife an extraordinary amount of money to be my mother's companion. I put a stop to that. Now my brother has filed for guardianship. My question is: The court evaluator came and visited my mother and saw that she was competent. He was not sure about her handling her money since she didn't know how much money she had in the bank, but that is only because my brother has hidden her bank statements from her. The court date for guardianship is coming up, and I would like to know can the court appoint a third party for be her financial guardian even though I am more then willing and able to do it. I understand that a third party costs money and my mother does own a house and has about $70,000 in the bank. I don't believe a third party should be appointed her financial guardian, but do I have any say over that.

Can my mother request that I be appointed her financial guardian as she is willing to do that and trusts me to do that or can the court just appoint a third person and make my mother pay for it from her money. Doesn't seem fair or right.

Any advise?


Asked on 10/16/07, 2:16 pm

1 Answer from Attorneys
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: Need help with Guardianship Proceedings

Yes you do have a say. It sounds as if you need to actually speak to an attorney who specializes in guardianship. You can contact me for a free phone consultation.

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Answered on 10/16/07, 9:05 pm


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