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ericaconcerd Asked April 2013

How do you undo a guardian over someone in your family?

my grandmothers POA who is not related to any of the family took us to court and got guardian ship over her and put her in a nursing home. My grandmother does not want to be there. since she's been there her health had declined to life threating and she only has been there a month and a half. The family wants her home and we will take care of her.

laurabutler28 Apr 2013
Guardianships are expensive, $5,000-10,000, or more if they are contested by an (angry) elder. You both need an attorney, doctor examinations are required for the elder, and a summary report must be written by a case worker. You must then go to court with the elder present. (Picture that!) In addition, you will have to attend a class to learn how to handle their finances, which must be reported each year via an attorney, still more money. There should be a better way to help our elders.

marie1946 Apr 2013
My husband has a court appointed guardian because his daughter filed against me to be his guardian. If you want a guardian removed, you have to find that he or she is not doing a good job.

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Debi1306 Apr 2013
Since Guardianship is court ordered - I would think you would have to go to court to contest. Don't even know if this is possible. Find a good elder law attorney.

twotonne Apr 2013
I have to agree with marie1946, you need a good lawyer adept in elder care issues and you need to have the guardianship transferred to you. The guardianship process will take a couple of months and $$$.

Just don't get her current guardian so angry that he/she gets you banned from seeing your grandmother. If you can't pay for an attorney to get guardianship, you might just be able to work with the guardian to everyone's satisfaction. Try to be nice and talk to him/her about your concerns and what might be a good solution.

marie1946 Apr 2013
Why didn't you apply for guardianship? You could petition the court to allow her to come home with you unless the doctors want her in a nursing home. Good luck.

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