Q: This organization along with the Department of Aging said they were guardians and had a POA over my husband. They said he was financially abused which was untrue. No paperwork, nothing in courthouse. So, what do I do since they probably fudged the taking of him and placing him in a nursing home? He wants to come home and says that those people do not even come to visit him. The one organization which is led by these women who become guardians for a living. They take his money each month from social security. What should I do? (Export, PA)
A: This didn’t happen overnight. It seems you are just becoming aware of this which is odd. You should have been contacted originally when he was taken in to care and served with the guardianship petition and notified of the hearing. Normally, no one can fudge court orders, stick a person in a nursing home and take their money. You need to investigate the situation. You can go to the county probate clerk’s office and look at the file. If there is in fact an appointment of a guardian, there should be a petition and order inside the file. If you don’t understand the documents, you might be able to get a probate clerk to help you, but they cannot give you legal advice. At least from the file you can find out who in fact the appointed guardian is and who the attorney appointed by the court to represent your husband is. You can then investigate matters further. If you qualify to be his guardian, you can hire a lawyer to petition the court on your behalf.