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This is a September question. 3 months without response. I agree with others who say there is a missing piece in this puzzle. There is a reason a wife is forbidden to visit. We are missing crucial information and cannot be giving informed responses.
There were no circumstances in my case. All they could use against me was the fact that me and my spouse took a lot of vacations. The judge was on his phone and rolled his eyes most of the time. It is clear that there does NOT need to be any reason for a judge to award siblings guardianship over a spouse other than the simple fact that the judge can act in his authority however they want.
This same thing has happened to me. My husbands brother and sister won guardianship of my now incapacitated husband. For those saying there MUST be a good reason, i am here to tell you that is not always the case. The judge looked at me when he ruled, smiled at me, and said he thinks my husband "needs to be with his family". I was since harassed and threatened to be unmarried from my husband unless i signed a amended court order to change beneficiaries of my husbands IRA to his siblings. This was the result of a US State judge who is absolutely biased and homophobic. My husband is now rotting in a nursing home with no physical activity or stimulation whatsoever. He was a doctor who made me his power of attorney to prevent exactly what is happening to him now. When brought to the judge about the threats from the siblings over the amended court order to change beneficiaries, the judge told me it was my fault and i "should have contacted his secretary about it". Welcome to the USA legal system, where no, there doesn't have to be a good reason for a judge to award someone else guardianship of your own spouse.
For the OP, the siblings keeping you from seeing your spouse may be allowed by the guardianship, however it does not protect them from a breach of fiduciary duty civil action. I would highly suggest you file a lawsuit in that respective category within the statute of limitations in your jurisdiction.
I welcome you as a new member of the forum. The wife above, whatever the situation, can almost certainly get arranged/accompanied visits to her loved one.
As to your own situation, I am very sorry, but you must know that we are getting one side of this story by our OP, and one side of your own. Your side. In the cases of family conflict the wife almost always wins unless there is extenuating circumstances. We are not a jury. We cannot participate without knowing facts. As you can know that is purely guesswork. For a husband's rights to manage a wife's care, or a wife to manage care for a husband is almost unheard of. I personally cannot imagine it being without reason.
Sissycreed: More information is needed as to why your husband's brother and sister are his guardians instead of you. Not sure what you meant by "My husband and his family."
This is where a "good senior law" advocate attorney/etc. comes in. Contact your county/state agency that deals w/aging. In some states those agencies may be under health dept/social services...
I agree with all others that it is highly unusual for siblings to be given guardianship over your husband unless something has gone terribly wrong.
Can you tell us what that "something" is?
Without knowing more I would suggest your throwing yourself upon the mercy of the lions at the gate. That is to say I would beg to be allowed visits to my husband, even if they are accompanied by the guardians, and I would be on my very best behavior.
Hope you will fill us in a bit more on what's happening in your life.
This is unusual that siblings would get guardianship over your husband and not you. There has to be a back story and if you not willing to tell it thats oK. They do have the authority to ban you. You may need to petition the court for visitation rights.
You will have to provide more information before any of us will be able to give you any helpful answers. But my question to you would be why in the world would you as his wife not be able to see your husband? There obviously has to be a very good reason and it may help if you better explain.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
3 months without response.
I agree with others who say there is a missing piece in this puzzle. There is a reason a wife is forbidden to visit.
We are missing crucial information and cannot be giving informed responses.
For the OP, the siblings keeping you from seeing your spouse may be allowed by the guardianship, however it does not protect them from a breach of fiduciary duty civil action. I would highly suggest you file a lawsuit in that respective category within the statute of limitations in your jurisdiction.
The wife above, whatever the situation, can almost certainly get arranged/accompanied visits to her loved one.
As to your own situation, I am very sorry, but you must know that we are getting one side of this story by our OP, and one side of your own.
Your side.
In the cases of family conflict the wife almost always wins unless there is extenuating circumstances.
We are not a jury.
We cannot participate without knowing facts. As you can know that is purely guesswork.
For a husband's rights to manage a wife's care, or a wife to manage care for a husband is almost unheard of. I personally cannot imagine it being without reason.
Blessings/best wishes.
Can you tell us what that "something" is?
Without knowing more I would suggest your throwing yourself upon the mercy of the lions at the gate. That is to say I would beg to be allowed visits to my husband, even if they are accompanied by the guardians, and I would be on my very best behavior.
Hope you will fill us in a bit more on what's happening in your life.
What reason do they give for blocking you?
But my question to you would be why in the world would you as his wife not be able to see your husband? There obviously has to be a very good reason and it may help if you better explain.