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UsaPositive Asked January 2014

One sibling wants to contest guardianship plans. Any advice?

in NJ, What happens when one sibling does not agree to the guardianship arrangement that the other siblings have come up with....can one person ruin the plan that was determined is in the best interest of our parents, this one sibling lives out of state, is so out of touch & a ticking time bomb, anyway the majority of the siblings have compromised on having 2 siblings do co-guardianship, he agrees to the one sibling, not the other ----- with this disaster, does the court appoint a family member/friend OR an independent person?? could the courts still do the co-guardianship if one sibling contests??

pamstegma Jan 2014
Co Guardianships are usually a bad idea. Offer him the one he wants, with the other as a standby guardian. If you cannot come to agreement, the Judge will appoint a guardian that HE likes and you will all be out in the cold.

gladimhere Jan 2014
not constitutions, petitions. How the heck do these spell checkers work anyway?!

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gladimhere Jan 2014
USAPositive,
I filed the guardianship and conservatorship constitutions with the court because I had been trying to get siblings to agree to at the very minimum hire a geriatric care manager. They would not agree and would not respond to requests from my attorney even. So, I got fed up, changed attorneys to one known well in my area as an excellent litigator, she would have shredded sisters attorney. Once the petitions were filed, sisters attorney dragged her feet as long as possible, then two weeks before court, after hearing nothing for two months after the filing, wanted to go to mediation. In my area nothing will be heard in court if there has not been honest effort to mediate. So, off to mediation we went. Sisters finally agreed to impartial third parties to watch over mom's welfare. Then the mediated agreement had to be approved by the court, which went off without a hitch once sisters attorney stopped screwing things up. That was just a month ago but after two years things are finally beginning to happen.

The third party was not a friend or anyone any of us know. I would recommend that the person is not a friend because so many strange things could happen that would strain the friendship if not end it entirely. Strange things could happen with a stranger as well, but those that are usually appointed have good reputations with the court. And if evil brother does not like the person you have in mind maybe his objections would be lessened with someone completely neutral that is not familiar with your family.

UsaPositive Jan 2014
gladimhere, was the impartial 3rd party you mentioned appointed by court (a stranger) or a family friend??
yes, we are working w/ a lawyer who is a good friend of one of my (good) siblings, he actually knows all of us, and would not be charging, he mentioned that there's a unit in court that mainly deals with these issues should one person contest, the evil brother sent him an email (copied all of us) noting that he does not give consent to what the rest of us have agreed to, this just happened, in the end the only people suffering are my parents, he's an utter disgrace

jeannegibbs Jan 2014
You must be working with a lawyer, right? Have you asked this question of him or her?

gladimhere Jan 2014
We needed an impartial third party because of issues between siblings in this case it was two that are in the area, but completely detached and do not understand mom's needs. In my state, by law, the POA is appointed unless there are compelling reasons not to do so. In our case there were many reasons and was the best thing to do for our parent. It will keep disagreements to a minimum.

UsaPositive Jan 2014
honestly i don't know how he could live with himself knowing there's a possibility of an independent court appointed person making decision for our parents, so disheartening

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