We filed for guardianship of my FIL but afater almost $3000 of expenses and a whole whole whole lot of bitterness, anger and strife from family members, we withdrew it under the stipulation that the BIL with DPOA would place our FIL in a NH within 15 days of the cancellation of the case. It has been 8 days and we haven't heard or seen anything from BIL. If he doesn't place my FIL according to the stipulation of the withdrawal, what do we do? I hate to go back to our lawyer just to ask as he charges $400 an hour with a minimum of 10 minutes. I can't afford it. My thought is that we have to reopen the case?
Talk to your atty. He is best suited to advise you now. Dealing with the issue of DPOA v. Guardianship is a tough one. Sometimes you have to pull out the guardianship stick. Remember the fees come out of his money. Also, linda, putting toghther the placement can take some time. I suggest communicating with the BIL if at all possible, see if he needs help, see what the delay is. If that does not work then its got to be back to the atty.
Sean.
Sean W. Scott, Esq. Florida Elder Law Attorney
Posts: 53 | Location: St. Petersburg, FL | Registered: Mon September 22 2003
Hi, I am new. I found this site looking for help with a financial fraud issue. I found out today that my 75 year old mother, who has alzheimer's, has been "talked into" an annuity, which my husband feels, after listening to financial buffs on the radio, is not a good thing. I am feeling ill at the thought of her money being gone. Also, my father is 82 and has vascular dementia. He is in a VA Home and I received a call today that his blood pressure and pulse were very low. He is ok at the moment but it has not been a good day and his adjustment to the home has been difficult. I am really searching for any information regarding the laws to protect alzheimer's patients with regard to their finances. Anyone? Thank you.
M - please let me know what's happening with your mother and father. Were you able to cancel the annuity and get her money back? Is your father still at the VA home, and if so how is he doing? I hope all is well with you. It sounds like you've really been through the wringer.