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xartzian Asked March 2015

What is a "PING" motion?

I have the POA for my parents, my mother passed away only 2 months ago. Last summer, my sister applied for guardianship of my father claiming that I have been "abusing" him and "misappropriating" his money. None of which is true and already disproven. However, on the day of the hearing, her lawyer dropped the motion and told the judge that my father "agreed" to pay all the legal fees, including his, the court evaluator and the court appointed lawyer, (who did not even show up). Now, her lawyer informed my attorney that I have been "siphoning" my father's assets and he will move forward with a "Ping" motion. Once again, none of these accusations are true, nor can he even prove them. I think that he is taking advantage of my sister's mental unbalance to get more billing time. He has made even more unsubstantiated accusations against me, including going so far as to tell my lawyer that I called his office and threatened his staff. I never called his office!! He has made so many outrageous lies about me and my character. My lawyer said to ignore it because it is a ruse to get riled up. However, my lawyer also told me to expect these motions to continue over and over again. What are my legal options to stop this abuse and slander and to prevent more of these frivolous motions? My father is not incapacitated, but this is all very stressful for him because he is still grieving for his beloved wife who he has been married to for 63 years. My mother had a long battle with cancer which was very stressful on him and me. He is only collateral damage to this lawyer. Can I file something with the Bar Association because this dishonest and unethical lawyer violates the canons of the Bar's code?

xartzian Mar 2015
txcammper. My mother was on Medicaid. All his assets were moved to his name and he exercised a spousal refusal, meaning that he announced that he cannot afford her expensive medical bills. So, therefore, she was on medicaid. Somehow, her lawyer did his homework and found this all out. which explains why he only went after him and not my mother. I was unclear in his motion what was to become of my mom, perhaps put her in a nursing home until she died, too. He is using every trick in the book.

xxxxxxxx Mar 2015
Thank you, guestshopadmin. I learn something new every day. Today is was from you.

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pamstegma Mar 2015
YOU definitely should complain to the Bar about false accusations.
YOU should send a Cease and Desist letter to sister's attorney and sister as well. If you have proof of her mental illness, present that to the court evaluator.

GardenArtist Mar 2015
I think perhaps it's your own lawyer who is allowing these issues to drag on so that he can bill for them.

Ask him about turning the tables and countersuing. If he doesn't agree, check with other lawyers about doing that.

And yes, you can file a complaint with the state bar association (and county bars if he belongs to any).

Guestshopadmin Mar 2015
PING stands for Person In Need of Guardian.

xxxxxxxx Mar 2015
You will have to ask your sister's lawyer what is a ping motion. My search on the internet only turned up your post above. Maybe you misunderstood the word, but I can't think of anything it might be. Why was your sister only wanting guardianship of your father while your mother was still alive, although sick? She wasn't after guardianship of your mother as well? Perhaps your father could tell her to leave him alone, that he's going to go broke defending himself against her actions. Lawyers and court costs come out of her inheritance too, as well as his future living expenses. And I'm sure the cancer treatments weren't cheap, usually not covered 100% by insurance. Why waste money on lawyers?

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