Submitted by William63 on Sun, 05/23/2010 - 08:57
Posted in
My Uncle (my dad's brother) is trying to become my grandmother's guardian so he can put her in a nursing home and take control of her money. That's what we think anyway. He and my dad don't get along and my uncle won't return calls. When we talk to my grandmother she says she does not want my uncle to get appointed guardian becuase she don't think she needs one. She has had few issues with forgetting stuff but she does OK for a 91 year old person. The court appointed an guardian ad litem to work with her but is there something else she should be doing to stop this?
Editor's Response
Beyond the issue of your uncle's motives, I assume you and your dad believe your grandmother is of sound mind and can handle her own affairs. If that is the case, then she can take steps to fight the appointment of a guardian or conservator. Follow this link for an explanation of the difference between a guardian and a conservator under MA law.
Also, even if a court ultimately decides you grandmother should have a guardian or conservator, the court will likely listen to her opinion about who that should be. She could express her desire that your dad or some other relative be appointed. Even if the court questions her capacity and discounts her opinion regarding who should be appointed as her guardian, if she has had good estate planning advice in the past, she may also have expressed her preference for a guardian in her power of attorney. Good luck.