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Can I get an emergency Gardianship if I am POA for my mom?

I am currently my moms Durable POA for both financial and medical directives. I am also the Executor of the Estate. There is a Living Trust as well. The house is in a Reverse Mortgage... Going into foreclosure by default. Now I've been told someone wants to file for Gardianship over her. Court has frozen bank account,
I am not able to access now. I filed an emergency Bankruptcy to save our home. And since all this I am not fully aware of who or what has more power over another. All I know is my parents would have given me any & all authority to follow their wishes set forth in updated POA, original Living Trust, and their Last Will & testament. Is there a way for me to get an emergency Gardianship to protect my mom?
Status: Open    May 02, 2016 - 08:03 AM

Elder Law > Guardianship

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Expert Answers

May 11, 2016 - 07:20 AM

If someone has filed a petition for guardianship for your mother, you should have been served a copy of the petition and notice of the hearing. If so, you would know who filed the petition and why. In Alabama, and many other states, one holding a power of attorney has the first right to be the guardian, otherwise the preference follows the degree of kinship. If someone has filed the petition very likely alleges that your mother is not being properly care for and needs assistance for her safety.

If she has a reverse mortgage she should have the right to live in the house for the rest of her life. I have never read or heard of a reverse mortgage that could be foreclosed while the person is living in the house. If you filed bankruptcy and you had been managing her finances that is not a good sign to the court. If the court has frozen your mother’s accounts that means someone asked for that to happen. For it to be granted allegations had to be made that her money was being misused.

If someone has filed a petition it would be pointless for you to file for an emergency guardianship at this point. If you have not been served a copy of the petition go to the court in your county, probably probate court, and ask for a copy of the petition. If you disagree you can file an answer stating your disagreement. I would suggest you seek the assistance of an attorney.

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