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My son and I are trying to obtain guardianship over my mother, who is 88 and in the last stages of Alz/dementia. I've been her care taker for over a decade, and moved into her home at her request. My son also lives here, and quit college 3 years ago to help me care for her.

We knew there would be an initial hearing, but weren't informed of it until 30 minutes prior, so we rushed to get down there. I had spoken briefly to an attorney, who informed me that he would need the paperwork concerning the situation...my son and I received NO paperwork prior to this hearing. We got the paperwork 4 hours after the hearing was over. We didn't have any legal advice as we were waiting on this paperwork, and couldn't very well get a lawyer half hour before the proceedings. .

At the hearing, the CSC never spoke to us at all. She confined all of her conversation with the DSS worker and her attorney. The only thing she asked us were our names. We listened to these people discussing our case like we weren't even there, and at the end, the CSC said 'Ok, I'm going to appoint so and so...' I jumped in there and asked her if WE had any voice in all of this, or if that was just it. The CSC wasn't thrilled with my question, that was very plain. A conversation ensued from there.

During that conversation, she asked who paid the bills. My son and I said we did, because both of us do and have for awhile now. My mom, when she was still very much coherent, but had lost the use of her right hand due to numbness and couldn't write anymore, asked me to start writing the checks and to sign her name...I had been after my mom to give one of us POA, which she refused to do. When I brought up the many valid reasons a POA was a smart move, she refused to listen, insisting that she would 'never' decline to the point where she couldn't make her own decisions, and that we wouldn't ever need one. I knew better, but what could I do? Getting guardianship at that point wasn't even an option because she was mentally sound at the time. My hands were tied. It was either write the damn checks for the bills, or sit here in the dark! I felt uneasy, like I was between a rock and a hard place, but paid the bills anyway. What else could I have done? When I expressed my unease at doing this, she asked who was going to report me? I wrote and signed the damn checks, not knowing what the hell else to do.

Fast forward. My mom declined to the point where getting a POA was impossible, even if she had been willing. I continued paying the bills, signing her name as I'd been doing for quite awhile. What was the alternative? I was paying HER bills and that's it!

When the CSC heard me admit I paid the bills, she considered that a 'red flag'. without even asking a single question about the circumstances as to WHY I had been paying the bills, she then appointed a third party interim guardian and froze my mothers account! My son, Sean, has been on her account jointly for about 7-8 years now. He is co owner of all her lands and property. The only thing we've used my mom's money for is to keep up HER properties and rentals, and to care for HER needs and buy food! I can provide cancelled checks from years back proving that with no problem. With the exception of fraud on my part, signing her name on her checks at HER request, with her full knowledge, neither my son nor I have ever taken advantage of my mother. In fact, I supported HER financially the first 5 years I was here! If it wasn't for me moving in here when she asked, she wouldn't have any freaking assets to worry about! She admitted to being almost broke and unable to pay her bills, which was news to me.. It was my understanding that she was financially well off! If I hadn't shoveled so much of my own damn money into her account all those years, she wouldn't have been able to hold onto any of her assets, nor stay in her home, which is what she wanted. .

I am so disgusted and frustrated by all of this! I am angry with my mother for being so blind about the POA, and putting me in such a position in the first place I'm angry at the court for looking at me like I've done something horribly wrong.

By freezing that account, it has put my family in dire straits. I can't pay the bills nor can we eat! Yeah, damn, sorry, we DID eat on my mom's money.

Is what this clerk did legal? Can she, without any proof of wrongdoing whatsoever, freeze my mom's account, even though my son is on it jointly? My son is trying to get guardianship, and I have two other people interested that I trust completely. Could this clerk legally give guardianship to one of her buddies in the court system instead of people we would prefer and trust, without proof of any wrongdoing whatsoever?

After all we've done for my mother, I feel like my family has been done one hell of a great wrong here and I don't like where this is going..

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I had to call my ex husband last night to bring us some food... we have absolutely nothing here, and no way to buy any either. My family is literally going to starve, and so are the animals.

After I lost my job, I got on disability for anxiety. My mom insisted on going with me. My mom asked to speak to the case worker alone for some reason. I I asked her about it, what she had talked abut, but she was vague and blew me off....I thought no more of it... until I got my first disability check and HER name was on there! I went the hell off. I could not understand for the life of me why they put her on there! Now, I can't even use my OWN money for my family because SHE's still on there and her accounts are frozen! I can deposit the check into her account...which I've been doing for years at her insistence, because damn it, she had to have that money, too, but I can't get any of it OUT again!

Because of her stupidity with the POA, and somehow weaseling herself onto my disability checks...god knows what the hell she said to manage that...my family is dead in the water.

The irony of all this kills me. We do nothing but right by that woman, and end up screwed because of it!
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Thanks for your comments, everyone, I appreciate it. I had to lol a couple times...

Long day. But, there is some very good news! They are looking at facilities now, and will place my mom soon. The DSS lady came by and talked about a couple of them, and we liked Highland House. I looked it up online, and if it's even half as nice as it looks on screen, it's very, very nice. They seem to have very high standards. I'm really hoping she'll be a lot happier, and get to be a lot more mobile. I feel a huge relief at this news.

I swear, I feel like I just went through hell and back trying to get my mom where I know she needed to be....a facility. I knew that getting her into a facility on my own was impossible without POA a year ago. As that year passed, I got more and more desperate...I needed out of the care giver role, my mom was just too much for me to handle anymore. I honestly had no idea what to do with her at home anymore. Nothing I tried, nothing I did, would keep her calm or distracted long...except food, and I couldn't feed her 24/7..

When my mom came out of respite this last time, I knew I was finished. I knew, that in order to get any kind of help at all and get out of this care giver role, I was going to have to go into operation 'premeditated craziness'....and I did. It's no wonder the docs, paramedics, nurses and cops thought I was a loon. It's sad as hell that I literally had to make myself out to be almost crazy, but what else? I talked all kinds of shit to convince them that they could NOT release my mom back to me that night. I had to make it very clear, I had to say it loudly so they'd GET it, that I was no longer willing or able to care for my mom.

Lord, almost a year of absolute desperation, realizing our hands were tied and we couldn't sell my mom's assets to put her anywhere. Every avenue we tried to get up the money to place her somewhere was nailed shut, every door we tried to open was slammed in our faces. I can't begin to describe that kind of frustration...that feeling of overwhelming horror that I was literally stuck, trapped, caged in a situation that had gotten really bad for my health, and that there literally was NO way out of the care giver role... that I'd have to deal with my mom until it killed me from sheer overload and exhaustion... I can't describe that feeling of utter helplessness and hopelessness. I knew in my gut I was at the end of the road in care giving, I had gone as far as I could go and I didn't have another step in me....but I couldn't get out of it...

So, I made myself look like a nut job in front of everybody and their brother. I yelled in their faces, I raised hell, I made threats, I did whatever the hell it took for them to get my mom out of the house and keep her out. I didn't feel malice towards my mom, I didn't do that out of spite, nor did I 'abandon' her.... I just couldn't DO it anymore, my hands were tied for money, and somebody was going to hear me..

It worked. Now, finally, my mom will be somewhere nice. But what a bitch to go through for me to make it happen... I had to convince half my town I was a loon, possibly dangerous even... Sheesh! It's ridiculous thinking about the damn lengths I had to go though to get my mom into a facility, where she needed to be a damn year ago! And now this huge guardianship fiasco on top of that... All this shit, for lack of a POA. My god.

Get your POA's people.
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Best advice on here . . . no POA, no play. Legal Aid may represent your mother, but don't be disappointed if they do not do anything for you. Speaking of representation for your mother, was an attorney present to represent her? If not, this is a big legal no-no. Most people, like us, have reached the end of our ropes numerous times. Lesson learned, "Never, ever say "I quit" to a medical professional, unless you mean it. Give yourself credit. It's OK to let this one go. If it helps, the court-appointed guardian will be left handling all of the mounds of paperwork that will be generated on your mother's behalf. Whatever you do, do NOT move out of your mother's house as your state may allow you to live there until you move or pass away because you have been your mother's caregiver and have lived in her house for a year or more. Finally, Google Medicaid in your state, then search for asset recovery or estate recovery. You'll see what your rights are in that state regarding your mother's house. Without the funds to hire an attorney, it's probably better to let this one fall where it may and go on about taking care transferring your funds to your own bank account. You can still be your mother's daughter and visit and love her, but without a POA or guardianship, it's time to let it go. You deserve better. Sending hugs and well-wishes. Thank you for sharing your story, which will help many others avoid the nightmare you are living.
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This is happening because of your mother's refusal to get a DPOA on her behalf. Yes, the court system sucks, but they are following the law. This is a good example of what happens when senors do not set up a DPOA. My advice to you is see of you can utilize an elder attorney on her behalf to establish guardianship. Good luck!
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SA - I am dumbfounded by what the courts have done to you. You MUST get your own legal counsel ASAP. Thank God you have tons of documentation to prove that everything you have done has been above board, and you can prove that the monies you earned went into her bank account. The signature thing without POA or even joint ownership of the checking account seems to be the sticking point and "legally" was wrong - but what choice did you have? NONE. So you went ahead and took care of your Mother on her terms, to your own eventual detriment -what a kick in the pants! Where is your Mother now?
Of course you immediately need to file for financial aid from Medicaid for living expenses/food/healthcare, etc. In the meantime, see if you can get the court-appointed financial guardian to fork over some of 'YOUR' money to at least put food in the house. Also immediately, look up the State or county social services division and find the Legal Aid division - ElderLaw Unit. In your current financial circumstances you most certainly should qualify for FREE legal aid.

You have all of us shaking right along with you. Don't think you have followed my recent posts, but my Uncle who gave me DPOA and MPOA just recently, now decided he is sorry he gave me DPOA because he no longer has all his cash in his wallet (I am keeping excess in the bank). I told him at 92 he doesn't need to carry more than about $100 per month and he is having a fit - he can't go anywhere without me anyway! So next week we go back to the lawyer for a consultation. Based on everything he has been putting me through, and seeing what your ungrateful Mother has done to you with her rotten manipulation (on top of which you treated her with more decency than she ever deserved), It has just further enhanced my resolve to let my Uncle become a ward of the state if he insists on restricting or taking away the powers he just granted me. It's at the point that I need to be mentally and emotionally tougher than I ever was in my life. I will not let him suck every drop of my life out of me. Your situation has shown how it all can go horribly wrong, and horribly unjustly. I will be praying for you every night!
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just get a damn atty, you cant manipulate the legal system, its too complicated. its really sad girl, there isnt a caregiver alive who couldnt be called a worthless parasite at first glance. ive lost a fortune in wages over 6 years cause i found myself more and more ducking out to work with the promise that id be back in about 4 - 5 hrs. " parasite " , thats f***ing rich. my life and health have improved by leaps since the caregiving ended. still miss mom tho. she was the only person in my small circle who was genuinely crazier than me. who wouldnt respect that?
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My God the system is at it again. Just as well my husband is not on this site or it would have gone up in flames. I guess you can go to legal aid. Sorry Barbara what an awful situation. I am sure you will find a way. Roast dog for dinner!!!!!!!!!? Feel free to throw rocks at my computer. This was all settled in the buddy system bef.ore you even knew it was happening
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Debra, thanks... I know this all goes back to my mom. I couldn't get her to see reason at all, and she was in total denial about ever declining mentally, or ever becoming helpless. She was offended and pissed off that I would even suggest such a thing! Yet there she was, asking me to commit fraud on her behalf! I mean, wtf? I can't even begin to describe what being in such an impossible situation felt like. I was uneasy, uncomfortable, and totally against what she was asking of me...but, like a dumbass, I did it anyway...for all our sakes!

Somebody freaking shoot me already..
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SA im so sorry and would if I could send you some money this just dosnt seem right you need legal help im in the same position here as my mum is refusing to get POA I will have to show my family this post.
I dont know what to say to you this is just so wrong i cant imagine how you must feel now after everything youve done to help her and now this.
Im sick to my stomach that the law does not protect us and I will after reading this be hounding her for a POA now my family will back me up im sure.

Big hug although that means nothing now just hang in there you have to have some rights this is just awful and a warning to us all on this forum to get POA asap. Its just not fair I feel like screaming something is very wrong with this system just hang in there you deserve peace from all this and it will come. i will light a candle for you and pray you get this sorted.
x
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SA-- if your son is on the account jointly with your mum I don't understand why HE can't writes checks on that account? Isn't it considered his account too?
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