RMO Case Spotlight
Guardianship Secured in Protection of Elder
Background
Our client’s brother had been caring for their father in another state, where he and his siblings had grown up. Their father’s health was deteriorating and he had moderately progressed Alzheimer’s dementia. Our client and his two sisters learned that their brother, who had been “caring for” their father, was not providing adequate care and had brought him to Texas. The brother had been lying to his siblings about their father’s health and the siblings had discovered that their father had been put on hospice and was living alone with only semi-regular caregivers to make meals. The brother had restricted their father from driving, and he was trapped.
Our client came to us with the goal of preventing his brother from kidnapping and obtaining guardianship or financial power of attorney over his father, an unsigned version of which his sisters had already discovered in their father’s kitchen.
Solution
Once retained, RMO kicked into action. After filing for and securing a temporary guardianship, we applied and obtained a permanent guardianship of the person, with our client and his wife named joint guardians of our client’s father. Working with our client, we then crafted and implemented appropriately restrictive visitation policies for his father’s protection, after his malevolent brother continued to “poison the well” by attempting to influence their father to return out-of-state away from the siblings and through continued verbal and emotional abuse. To protect his father’s estate from the brother’s potential malicious acts, we also worked with our client to craft and implement plans for the preservation and sale of his father’s assets.
Results
Following RMO’s efforts, our client’s father has come off hospice and is now in the care and attention of staff, our client, and his wife. With no threat of kidnapping, misappropriation of the estate, or any further abuse from the brother, our client and his family have the peace of mind of knowing his father is safe from harm and his legacy will be protected in the way he intended.
Snapshot
Client’s Capacity:
- Guardian of the Person
- Agent under a financial power of attorney
- Trustee of the family trust
Estate Value: $900,000
Client’s Goals: Prevent bad actor brother from taking father to Alabama and obtaining a financial power of attorney from dad. To preempt any guardianship application filed in Alabama.
Legal Issues:
- Guardianships
- Elder Abuse
- Undue Influence
Resolution:
- Our clients appointed as permanent guardians.
- The Alabama guardianship court dismissed bad actor brother’s guardianship application and declined jurisdiction based on Texas judge’s order.
- Client’s father is off hospice and is doing much better physically and emotionally.
Please note that every legal case is unique, and the outcomes of past cases do not guarantee similar results in your situation. The information provided here is for general informational purposes only and should not be construed as legal advice. To fully understand your specific legal needs and options, we strongly recommend consulting with a qualified attorney. An attorney can provide personalized guidance based on the unique facts and circumstances of your case.
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