Sooo – we stressed for nothing. The actual court proceeding took less than 10 minutes – if that. It’s a done deal; we were granted permanent guardianship of my father. [As I previously mentioned however disjointed, one of my sisters & I had filed the necessary paperwork to be granted guardianship of my dad, who is 87 and has dementia. At the moment my dad is more lucid than demented.]
Following the hearing, we were escorted out to our cars and out of town by marshals – that took longer – and they were serious.
My brother was there and caused quite a stir, verbally attacking loudly anyone related to the case in the hallway, first accosting the conservator who just happen to be sitting across the hall from the court room assigned. Then us, our attorney, the guardian ad litem, and eventually the judge.
There was the usual mumble-jumble legal-smeagal stuff. The judge said he had read all the evidence (reports) presented. Were there any changes or additions? Was the guardian ad litem steadfast with her report & recommendation? Some more mumble-jumble and then THE QUESTION! “Is there anyone present to stand in opposition of this action?” The guardian ad litem stared at the judge. The petitioners (us) & their attorney weren’t breathing.
More legal mumble-jumble, the petitioner’s attorney approaches the judge with the paperwork; the judge signs the paperwork. Some more legal-smeagal stuff, and the judge signed the necessary pages, and then declared the proceedings over. Suddenly my brother jumps to his feet, inquiring rather loudly when he will have the opportunity to protest the action. The judge asks why he didn’t stand before? I don’t remember what my brother said, but I do remember the judge cautioning him to “keep a civil tone in this courtroom, sir.” I don’t think my brother ever truly shut up. He talked over the judge – threatening to sue, appeal because he had a government worker …… yadda, yadda. That exchange ended when my brother asked the petitioner’s attorney how much “dirty money” he was paid, and by the way – how much to buy off the judge? Thus the marshals were summoned by the judge to escort us out to our cars although the marshal who escorted my sister & I followed us out almost to the C of I. My brother is much more bark than bite, but they didn’t know that of course.
Two days prior to the hearing, my brother called the law office of the guardian ad litem to protest our ‘nomination’ as guardians, and specifically this attorney representing the interests of my father. He was, after all, the “bionic son.” Somehow he left out that we– his sisters – are my father’s ‘bionic daughters’ or in some scientific circles, ‘biologic.’
My father owns property he & my mother purchased in 1965 for $6000. The house, even as dilapidated as it is, is valued at more than 150K with the land around it considerably more. The property is zoned commercial, and it’s our intent to sell the property that was our home to take care of our dad. Now according to our youngest sibling, she has a ‘quit claim’ deed from my mother. However the logic /reasoning is that since my parents were still married at the time of the quit claim, the quit claim is invalid as Idaho is a community property state and one party cannot sell the property both parties hold without the signature of the other. Our attorney is working on quiet title while we check on the possibility of divorce proceedings filed by our mother, who died in January of 2000.
I cannot tell you how pissed off I get at times. The youngest sibling has taken every penny my dad had squirreled away in different accounts. We’re not sure how to approach getting it back even though she took it without permission or commission from our father. As it is rather than staying where he wants on the land he’s had for the past 43 years, more than likely our options is an assisted living facility or other place. IF the money were there, modifications could be made and one of us could live out there so Dad wouldn’t have to move. But it’s not so we’re looking for solutions.