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I feel horrible that I'm even questioning it but I'm tired of the accusations. The twisting of my words. It really makes me think what they are gaining. What's in it for these people to come in throwing accusations at people, put them on the defense when they are just trying to do the right thing. Helping a family member shouldn't be this much drama.

I had always assumed I would take on the role of legal guardian when it was needed. Until I talked to some professionals. By some I mean Social Workers 2, Councellors 2, Nurses many, Doctors 3.

What seemed to be a recurring issued was *family relationships*.

For a person needing emengency guardianship they must have lost decision making ability. Therefore they may lack insight to why they need a guardian.

Depending on their personality & health issue they could be "I am so grateful my son/daughter/niece/nephew etc can help me. Can make the decisions & fill out paperwork."

Or they may fight hard to keep control. Feel the guardian is bossing them, imprisioning them, stealing from them.

In my particular case I was told that as my LO lacked insight it may be worth weighing up Helping but being hated vs Maintaining a good relationship. To let the court appoint an emergency guardian in order to get placement in the appropriate supported living. Then, when things settle, reconsider taking on legal guardianship - when able to work 'behind the scenes'. I have decided to do this.

I hope you receive many varied replies & it helps you decide for you. Your situation is your own. No right or wrongs.
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Reply to Beatty
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I feel for you! I have a close friend who is an only child. About six months ago, he learned his 86 year old widowed mother gave away all her savings to a fake online boyfriend, and wound up losing her condo and car and credit, and living in a motel, surviving hand to mouth on social security. She had no DPOA in place and denied there was any problem with her behavior. She did not want him interfering.

He flew down to Florida where she lives, found an elder care lawyer, and sought emergency guardianship. They said she had to be evaluated by an independent psychologist. The evaluator found his mother competent to make her own decisions! So until something happens that makes her situation worse, he was told there is nothing he can do. I hope you get better outcome.
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Reply to Suzy23
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https://www.agingcare.com/questions/aps-is-investigating-me-over-allegations-i-am-financially-exploiting-my-father-shes-asking-for-recei-489126.htm

It seems like Dadvis your problem. You can't get guardianship unless he is declared, by one or more doctor's, to be incompetent to make informed decisions. Guardianship is for his life. Very hard to get revoked. You answer to the State yearly.

You really have not told us the full story. Has your Dad always been a pain? Were you close? If he is of sound mind and the one who had APS on u, I would walk away. If he needs a guardian, let the State take over his care. Things will go smoother and faster if they are in charge. You may not have much say in his care, so you can just be the daughter who visits.
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Reply to JoAnn29
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Where is your attorney if you are being accused? Best bet at least is to attend the hearing to speak.
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Reply to MACinCT
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JoAnn29 Aug 7, 2024
Its an accusation that needs to be looked at. APS may find there is nothing concrete against OP. Just ramblings of an old man. I would not get a lawyer until actual charges are made by APS.
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Often in these fights the court, not being King Solomon nor with his wisdom, will choose to take guardianship from ALL the family and will appoint a court appointed Fiduciary. In some ways this may be a relief.

Temporary guardianship is often done quickly and in some states can happen when a hospital social worker places a call to a judge because the hospital needs a family member appointed to make decisions. If the elder doesn't want guardianship, or another family member doesn't trust the appointed person, they can protest this by court action. This becomes costly. And also often puts the guardian in the uncomfortable position of having to report all actions to the court periodically (which may be a good things if there is fraud suspected).

All of this is making for some rich attorneys; that's for certain.
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Reply to AlvaDeer
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How did the hearing go?
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