*Today my family had court for my guardianship case. Everyone showed up-Tammy, Kenny, Cheri, Jaye and mom. They had called the lawyer that is supposed to be representing my mother a few minutes before a "court clerk" came out to tell them the case was being adjourned till January (2nd or 3rd). This was just a little before two o'clock. Mind you when they called my mom's lawyer, his assistant informed them that "He was on his way that everyone was running late, but he should be there shortly." The court however was informed way before this time that the lawyers were not showing up at all. My brother tried to speak on everyone's behalf stating that everyone has tried to get in contact with the lawyers but it is very difficult because no one calls back or acknowledges that they are there. He said this in response to Judge Sconiers stating that they (my family) needs to get in contact with the lawyers to make sure they inform them (my family) of when court is and is not happening. Other than this, they had no room to talk. The family is going to be doing a bit more digging on this and write some more letters. This is ridiculous. How can a guardianship case take A YEAR to figure out. A YEAR. In the meantime, I lay in the hospital bed because my so called "guardian" (Leigh Anderson) doesn't care about me and lets me lay there. She don't see the progress I have made and don't care to know either way. No one out there to help my family win back guardianship over a very corrupt system? Please God send someone our way....
*Here are some court cases that might be of some interest:
Matter of Nasquan S., 2 A.D.3d 531 (2nd Dept.)
Petitioner was the AIP’s mother. She sought to be appointed guardian and to have the attorney
appointed as co-guardian. The trial court refused to appoint the attorney as co-guardian and
instead appointed a third party stranger. In reversing the trial court, the Appellate Division
stated: “The case law in this firmly establishes that a stranger will not be appointed as guardian
of an incapacitated person “unless it is impossible to find within the family circle, or their
nominees, one who is qualified to serve.”
Matter of Bertha W., 1 AD3rd 603 (2nd Dept. 2003)
Appellate Division modifies order to eliminate appointment of non-family member co-guardian
of the property stating that there is a preference for family members unless it is impossible to
find a qualified family member to serve and that there was no showing that the AIPS nephew
required a co-guardian to assist him in carrying our his duties.
Matter of Joseph V., 307 AD2d 469 (3rd Dept. 2003)
Court finds that although there is a preference for family members, court appoints independent
guardian after considering factors including: the strained relationships between AIP’s family
members; the substance abuse problems if all the family members, the families unrealistic vies
of th AIP’s condition, the plans of some family members to move the AIP out of a nursing
home to his detriment, some family member’s disregard for the AIPS wishes to forgo life
support measures and the possibility that other family members may be quick to terminate life
support.
