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ladywellness Asked April 2012

When a guardian is bias what can be done?

Before my mom got demntia, she and I shared some storage units toether for serveral years. We both agreed she would pay it. My mom had lived with me for over 7 years. She has other kids who destoryed her life 7 years ago and who she wanted no contact from. Now she has dementia and the kids who she didn't want around her and who have stolen from her in the past came back into the picture. We have been in and out of court. A guardian was appointed for my mom. She beleives my brother and sister and goes out of her way for them. The things in the storage units belongs to my mom, myself and my kids. There is nothing that belongs to the other kids. The guardian tells me my brother and sister said I dont own anything and it all belons to my mom. The guardian allows my brother and sister to go through the units. We have a court ordere stating the guardian, myself and sister are suppose to be there together. I have been by at least twice unanounced and found my sister, brother, ex husband, nieces at the storage going through my things with the guardian's permission and now I hardly have anything in the units. Thye have stolen almost everything from me.The guardian allowed my brother to rent a unit and put all he says is my mom's things in it and I am not allow me to see what they are claiming is my moms. Yhe guardian would not allow me into the units to et the proof to show her the things were mine and she would not allow me in to the unit for another case whre I had proof but she denied me access to get it andf now the proof is gone. Where are the rights of my mother's and I? Everyone is acting as if my mother is dead.

Eddie Nov 2012
Good stuff Nancy!

anonymous145616 Nov 2012
Actually, I do not agree with NancyH as to the fact that the court appointed guardian has no choice in this matter. As a matter of fact, court appointed, and private guardians have a duty to protect the assets of their client, in this case the client being your mother. For the court appointed guardian to allow others, including other family members into the storage unit without him/her being present can be seen as a bias. Secondly, the guardian, in my opinion, should have asked you if you have receipts for any of the belongings in the storage unit. In California a guardian can be removed by the court if one can prove guardian bias. You could have written a letter to the court with a copy to the guardian, and you could have contacted the probate investigator's office and asked for assistance, though they are over worked, and not very helpful most of the time. You should have by now consulted with an attorney, and or found one pro-bono.

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NancyH Apr 2012
Remember in the old days when they still had Westerns on TV? It's just like that, when someone was in the desert dying and the vultures would start circling. Sad but true. The Bible warns that 'the love of money is the root of all evil' and apparently it's true in your case. To me, it looks like the problem stems from your mother being the one that was paying for the storage unit. It was probably also in her name right? If that's the case, then the guardian wouldn't have any choice but to let the other family members get access to it I would think. And unless this guardian has their own agenda which would cause them to be bias, I don't know as to whether they would be aware of all the stealing etc. that had been going on in the family before they got involved. If you think this guardian is indeed bias towards the no good family members, I would get in touch with whoever appointed them in the first place and complain till someone heard me. You may as well do that anyway, what will it hurt? Sorry about your poor mom, she's the real loser here.

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