How can I get my mother's court appointed guardian removed? She isn't working in my mother's best interest.

My mom is declining fast under a guardian court appointed against her will. They are trying to portray me as evil. I am terrified to even go see her. What can I do? The judge was manipulated by their lies about my mom.

my friends reported guardian same situation not treating families respectfully and guardian was told no to do this to families because it does they are not following the code of ethics for behavior
My friend contacted the National Guardianship in Penn state who helped so families can be with their loved ones
good luck Candy

I too identical situation and hurts breaks ou hearts for our moms..it's our mother and this is so fabricated and unethical of a guardian to do to us their daughter...i am so sad you too have to deal with all when it's you mow mother..civil rights being taken away breaking hearts..just doesn't seem real everyday I wake up and go to sleep knowing our moms are alone
I hope your not too far away state wise from your mom

Public outcry gains governance; never give up; you can speak up in court; blog, blog, blog and create the needed public outcry. From Enron came SOX and from our parent's and loved ones suffering and loss of dignity will come governance over professional fiduciaries and guardians. The ABA put out a message that family members are the biggest abusers of the elderly and and a niche was carved. To fill the niche, the professional fiduciary was born who in return provide the clients for the attorneys who charge huge fees. We also have courts with judges that used to be attorneys and in states that desperately need revenue. Attorneys, guardians, conservators, professional fiduciaries, trustees, courts, and the state get our parent's hard earned dollars in the end and until public outcry gets so loud as to stop these people. These guardians and conservators are strangers that swoop down on us and into our lives, destroying them. My mom's teeth are blackened and cracked from neglect while her conservator and trustee of the family trust and his counsel obtain over $90,000 a year for doing nothing but harassing me. What happens when mom runs out of money? When the money runs out the guardian or conservator, quietly files a request for discharge with the court because the estate is out of assets and goes on with their life. They leave financially depleted elders in nursing homes; some being kicked out, adding to the homeless population. I have viewed court motions where conservators don't inform relatives of a conservatee's death until 90 days later, My beautiful mother, her wishes trampled, photos of her youth thrown away by her conservator, abused her entire life by her father, husband, and now conservatorship. But I am third year pre-law student at 53, carrying a 5.85 gpa who is off to law school in Oregon next year and as soon as I pass the bar, I'm gonna do iron-clad Trusts, POA's and Wills and use the money to do pro-bono work for family members who have lost their parent to a conservatorship. Hopefully my mother will still be alive so I can fight the conservators counsel on a even playing field. Blog everyone and create public outcry for conservatorship reform and governances on guardians and professional fiduciaries. Sincerely

First call Florida's APS (adult protective services) and report the public guardian's abuses. However, I reported professional fiduciary abuses against my mother and APS called an alerted mom's abuser and never checked out the bruise on her face or fall that rendered her legs useless. You can also try complaining to your local Ombudsman's office, however they too alerted my mom's professional fiduciary conservator/trustee. You can file a "breach of fiduciary" motion with the courts or even a simple notarized affidavit stating the abuses, which is easier than creating a legal motion. Check the court that is monitoring the conservatorship's website for forms you may be able to use. You will need to state who you are as an interested party and list the abuses and attach exhibits that prove she is being abused. I would also suggest that you file for special notice to obtain copies of court filed legal documents by the guardian so you can show in court to object. As a child of the conserved you do have a say as an interested party so show up at court and speak up briefly and respectfully to his/her honor. I break down sobbing in court so don't cry, as judges hate crying, which I know as a law intern. Last but not least, if you can afford an attorney at an hourly rate of $250 to $450 an hour, hire one. At the very least, most attorney's provide a first time, once only, 1/2 hour free consult before taking on a case. You can obtain a small amount of information during the free consult as to what to do and what hurdles to expect. But you can clearly expect the guardian to respond to your allegations and then really cop an attitude against you. Weigh the pros and cons because they could put in another public guardian worse than the one you already have. Also, have you considered applying to become your mom's conservator yourself as that may also be an option. Good luck; I hope for your mother's sake you get better results than I am able to obtain in the California courts.

Can someone help me how to remove guardian its heartbreaking for mom and abusive.
We live in SE Florida

I am the voice behind my sister OMG this is real and i have no clue on what i should do i hit a brick wall with the guardian Non profit has done the same to us they have took all our right we did not know what we were signing the main court person failed to give us details and he did say that fell back on him now he works for that same guardian group and now we dont even get to see my sister and she is not allowed to come home these people are demons familyeldercare in austin tx does anyone know what we can do or who we can talk to we will trust in God i need feed back and i lift my hands to all of yall that are suffering with the pain that runs threw our hearts too

Please continue to flight for your love ones and do not give up. The state care taker my father has is not taking care of my dad. All she cares about is the money.

It sounds as if the guardian has some leverage at the ALF that mom is at so they are taking his direction. The ALF is just as guilty as the guardian is of alienation. Here is the long term patient's Bill of Rights that protects elders which incorporates the California Health & Institutions codes:
RESIDENT BILL OF RIGHTS
California Code of Regulations Title 22
Section 72527. Skilled Nursing Facilities Section 73523. Intermediate Care Facilities:
(a) Patients have the rights enumerated in this section and the facility shall ensure that these rights are not violated. The facility shall establish and implement written policies and procedures which include these rights and shall make a copy of these policies available to the patient and to any representative of the patient. The policies shall be accessible to the public upon request. Patients shall have the right: (13) To associate and communicate privately with persons of the patient's choice, and to send and receive personal mail unopened.
(14) To meet with others and participate in activities of social, religious and community groups. (17) To have daily visiting hours established.(19) To have visits from persons of the patient's choosing at any time if the patient is critically ill, unless medically contraindicated.(20)To be allowed privacy for visits with family, friends, clergy, social workers or for professional or business purposes.(21) To have reasonable access to telephones and to make and receive confidential calls. Perhaps the ALF place may gain some wisdom if you remind them of your mother's rights, of particular note is "establishing visiting hours."

Additonal get what you can on the guardianship without them knowing so you have proof. Have someone an outsider help you so you have a non-bisas working with you. Just remember to be legal in what you do.

This is going on in Florida where my mother is. Since she was baker act while I was in the house attempting to care for her when she didn't want anyone in there. My mother is diagnosed with dementia and on medication the court appointed a non-profit over me since the non-profit now has a retired district attorney as their lawyer went after me as if I was the bad guy. It was wrong. I did no wrong but want to help my mother. I listen to the state case worker for elder abuse tell me to call the police and I did the few times then she was baker act and I was left out told I could only see my mom for a few hours and not stay in the house. The court heard this after their decision and asked the non-profit why I could not stay in the house. They now will let me. Therefore, next month I will visit my mom and stay in her house for three days with her and an aide. I am afraid that the guardianship will do something to say something I did wrong. The non-profit guardianship has done nothing but attempt to taint me. I now find out this is what they do to people. It took over three months to get her teeth fixed and her hearing aid five months. They didn’t cut her hair till four month into her care. Yet they get tons of her money to keep their paycheck going. My mother phone bill went from 16.00 to 48.00 her electric went from 65.00 to 146.00. From the time when I was there to the aides, things have doubled and tripled. The aide they got to live in with her left her alone and they said she was never left alone. I have pictures of her down the street. The non-profit case worker see 300 people a month for an hour, plus attends court hearings. I am sorry but she cannot give proper check up on everyone. The aide down the street was proof that they have too many people to look after and monitor everything with everyone. Elder abuse to me. Everyone needs a certified elder attorney. Learn from my bad experience I didn’t have one. Everyone do as much research as you can as soon as you see any signs of your loved ones show any signs of not functioning right in life.

I am sorry for your pain. I too am having similar problems with a conservatorship/trustee situation. He has alienated me from my mother, is hostile to me and calls me difficult and abusive in court. My problem is with a professional fiduciary in the state of California. One bad apple spoils the lot of them, which is the road that my mother's conservator has taken. They say that it is relatives that financially and physically abuse elders but I say so can guardians and professional fiduciaries. My mom's conservator has moved my mom and not given me a new address, removed all my framed pictures from her room, will not respond to my polite emails and the court allows this because they are overwhelmed and lacking staff to monitor cases due to budget cuts and they have to rely on those who are licensed. But a license does not make a person a good guardian. Like your mom, my mother's teeth are cracked and black due to lack of dentistry, her hair has not been cut and she does not even have any shoes and I have brought this up to the court to no avail. I am scared for my mother and cannot afford an attorney, plus I live in another state making it even harder for me. I gathered up enough air miles recently to fly across the ocean from Hawaii to California to stand before the judge and beg for another conservator and trustee of the estate of which I am sole beneficiary . It is all about money as conservator and his counsel have depleted our family trust from 2.5 million to $730,000 by way of their fees. They sold our family home at 1/2 value to pay their fees and threw away all historical photos, heirlooms, and tangible assets in the house, leaving me nothing of an inheritance or of my family history. There are virtually no governance controlling guardians and conservators so you and I must cry out loud to get this to change. They see alzheimer patients as shells that cannot remember anything, even pain, which is why they are not spending estate money for a dentist. Mom even has a broken femur that they did not even bother to set. Best chance is to try to make friends with the guardian, which I know is really going to be difficult when he/she is hurting your mother. Collect information, do research, and document like crazy and then draft a declaration with all your facts and submit it to the court, asking for another guardian more able to get along with family members and more open to serving the wishes of your mother. Listen, I called the Omsbudsman in San Francisco and the office simply alerted the conservator to my accusations that the conservator did not place mom into the proper facility but maybe your mom's guardian is not so well connected. But keep trying because you only have one mom who protected you as a child and now it is your turn. Be patient because people that are in the wrong business usually end up cutting their noses off despite their faces. Hire an attorney if you have the money or file the declaration pro se but don't give up and know that there is someone else and many others that know your pain and blog, blog, blog, about this because this is of public interest for we will all be old someday. Good luck to you and I am glad to help you in anyway I can. Aloha

When a guardianship goes before the court is usually because the families cannot or willnot step up to the plate. Time and time again the guardianship is given to the county public guardian office because the court investigated and APS has agreed it would be in the best interest of the parent. Many times children have abused the person, taken their monies or other things and therefore deemed unfit to oversee the care, needs of a person who cannot care for themselves, many time it just that the family (children) continue to fight among themselves that they cannot agree with what's best for the parent and them the court steps in. Many times children think they know what's best but they continue to cause problems with caregivers that have been assigned to care for the senior. Again you should contact a attny if you feel you are willing to take on this roll.

My heart goes out to you. The guardian of my father has taking away the family attending care plans, doctors visits adn so much more. She wants my father family to treat him like he is a visitor. They do not tell the family when my father is at the hospital by himself. My father wants his family with him more but she continues to write untrue statements in her annual report to the court. The court believes everything she says. The attorneys fees are so expensive. We are our parents advocate and we must do all we can do to give the best to our parents until the Lord take them home. Continue to flight for your mom until the end. I love my dad and he just want his family to take care of him not the state. It appears the state is only concern about their pay check and my dad money. Stay strong and do all you can do for your mom.

I completely agree and an elder care attorney may be the only one who can help you get to the bottom of this.

I take it then that you live in California. Contact the Statewide Ombudsman @ 1-800-231-4024. The ombudsman is really good at listening and investigating issues
that arise with the elderly that live in facilities ie: AIL and SKN. Also if you contact a Attny that deals with guardianships etc they usually will talk with you for free before
they take the case and then charge you for their time.Has APS been involved? If not maybe you should contact them about the abuse as well.

I agree with diavalon12. Contact an attny ASAP!! Wish you & your mother the very best.

The guardian is professional. No I was not in the state when the guardian accused me of taking my mother's missing items. I am living in the same state now, my brother and I turned the guardian into the inspector general they appt. court monitor, she doesn't agree with me, that is all I was told I can not see the report unless I get an attorney to file petition. I did contact Bay Area Legal waiting to hear back, they took the info, so hopefully they will be able to help. I can not believe the courts allow such abuse from this guardian. I have nothing in my background to prevent me from taking care of my mother, this is all she wants. Talking about the visitation the notice is on the front door like it is their policy about these visitation. These people are all unethical.

what state do you live in?

Is the Guardian Public or Private? Why were you not given guardianship in the first place? You stated yoou were not even in the state, does this mean you live in another state? You need to consult an attny so that you can file these complaints with the court.