Perpetual Adjournment?

[Dun]

What is the name of your state?What is the name of your state? NY

Petitioned for guardianship of my grandmother in September. Hearing was scheduled for 11/15. Sister (who's not even the respondent), reads court evaluator's report favoring me for guardianship and has hearing adjourned until 12/7. Sister has hearing adjourned again until 12/15. On this day, we're in court, I'm on stand testifying, then judge indicates that the case is more complicated than he thought and he'd like to dedicate more time. We are adjourned once more to 12/22.

Question: How many times can a case be adjourned?

My grandmother is the respondent in this case (the AIP), not my sister, who I feel is abusing my grandmother's dementia and convinced grandma to sign POA and HCP over to her (grandma gave me POA and HCP when she was more lucid. She knows that sister stole money from her, and did not trust her or even want her living in the house. That's why all of this is so weird. Grandma doesn't even remember her own words from a few months ago!). I could just as easily convince grandma (besides, sister knows this as well and has prevented me from having any contact with grandma. Locked everyone out of the house). Grandma does not have a lawyer. Why does sister have so much clout with the courts? Plus, she has committed fraud by signing grandma's name to $10K in credit, she keeps grandma drugged up on Ambien so as not to deal with her. Even the court evaluator feels grandma is in danger, yet the judge continues to allow the adjournments. This is very frustrating and unfair to my grandma who is a victim here.

 

[BlondiePB]

then judge indicates that the case is more complicated than he thought and he'd like to dedicate more time. We are adjourned once more to 12/22.

Okay, then let the further judge review all the complexities. You can hang in there for two more days. Grandma should have had a court appointed lawyer to represent her whether or not she appears in court. And, where's your lawyer in all this, Dun?

 

[Dun]

Hi Blondie,

I was trying to give you a break from all this

My lawyer tried to appeal to the judge on each occasion that all were present and that my sister's lawyer had enough time, etc. No go.

Yes, I thought that my grandma should've had an attorney, but it since I'm not allowed to be a part of that decision...of course, my sister doesn't want her to have one. It seems that NOW her whole thing is to basically say that my grandmother does not need a guardian, that my grandmother knowingly and willingly gave my sister POA and HCP and that should be it.

On the other hand *MY* whole thing is that my sister took advantage of grandma's dementia and continues to do so, thereby abusing her POA. I feel like I'm talking on deaf ears when I try to point this out to anyone. It seems so clear to me: grandma did not know what she was doing when she gave my sister POA, she was tricked. Now she feels trapped and doesn't even remember what she signed. It broke my heart to be in court with my grandmother and have her say to the judge, "well, Susan takes care of all of my bills right now (not even true, I've been paying most of the bills--she just doesn't know), and Dun, I don't even see her any more." I don't see her because my sister and the homecare worker screen all my calls and won't answer the door when I come over. My grandma didn't even know about the restraining order my sister filed against me using her name!

I know it's only two days, but I'm just so riled up. So is that what the judge is doing? Going over the details of the case? I hope so, and I have a lot more stuff to add that isn't even in the report!

Thanks again,
Dun

 

[seniorjudge]

Are you saying that Grandma is on trial and does not have an attorney?

This violates a few constitutional provisions....

 

[BlondiePB]

Are you saying that Grandma is on trial and does not have an attorney?

This violates a few constitutional provisions....

There's no trial, yet - just guardianship hearings and "squibblings". There can be a trial according to NY statutes, which has a lousy on line site. The first and second guardianship hearings for grandma were adjourned and this third one was too. Since they were adjourned, in your opinion after reading the statute, seniorjudge, would the option of a trial still be an option? You may want to read the OP's other thread too. OP's sister that is fighting over grandma is a thief.

Looks like the Surrogate Court in NY, at it's discretion, can appoint a guardian at litem. This is what I found at http://assembly.state.ny.us/leg/?cl=116&a=19

S 1754. Hearing and trial
1. Upon a petition for the appointment of a guardian of a mentally retarded or developmentally disabled person eighteen years of age or older, the court shall conduct a hearing at which such person shall have the right to jury trial. The right to a jury trial shall be deemed waived by failure to make a demand therefor. The court may in its discretion dispense with a hearing for the appointment of a guardian, and may in its discretion appoint a guardian ad litem, or the mental hygiene legal service if such person is a resident of a mental hygiene facility as defined in subdivision (a) of section 47.01 of the mental hygiene law, to recommend whether the appointment of a guardian as proposed in the application is in the best interest of the mentally retarded or developmentally disabled person, provided however, that such application has been made by:
(a) both parents or the survivor; or
(b) one parent and the consent of the other parent; or
(c) any interested party and the consent of each parent.

I was trying to give you a break from all this

Don't worry about it, Dun. I've been wondering what has been happening.

So is that what the judge is doing? Going over the details of the case? I hope so, and I have a lot more stuff to add that isn't even in the report!

Yes. Remember, you also did something that was inappropriate. You also need to recommend that neither you nor your sister should be guardian if that will settle the judge's mind. Do you have a different attorney now? One with some "spine" and KNOWS guardian laws better than the previous one that has gone to the hearings with you?

 

[seniorjudge]

There's no trial, yet - just guardianship hearings....

When the government has you in its courts determining whether or not your actions will be restricted, that is a trial.

 

[Dun]

Hmmm, well, I don't want to inhibit my grandmother in any way. I would not personally take away any of her rights. I've always respected her opinion and needs. That's the reason I've tried so hard to keep her in her own home for as long as possible. Unlike my sister, I don't want to control her life at all. All I want to do is make sure she is healthy, safe, and financially secure. I have absolutely nothing to gain by this guardianship. My own personal assets greatly outweigh my grandmother's. I have evidence to substantiate this that I will present at the hearing if necessary.

This guardianship was a last resort.

I saw that my sister was manipulating my grandmother and she has a motive. No money, bad credit, no place to stay. I could've just as easily gotten my grandmother to give me POA again. In fact, I DID do it once. But that incident made me see that something was not right with grandma. It was too easy and this could go on forever. Everything was working out great with my grandmother's plan when I had the POA and HCP. If I get guardianship, I will continue as I did previously, the only difference will be that this time, my sister will not be able to do any legal mechanations behind my back to complicate things.

If it will help the judge make a decision quicker, I will suggest that neither me or my sister be named guardian (but I don't think she is cross-petitioning to be guardian anyway--so would she still be considered?). My only concern is that if an independant guardian is hired by the courts, they will have to be paid and that will deplete my grandmother's limited assets very quickly. It's like she would still suffer financially because of my sister's greed, just indirectly.

Our other sister indicated to me that if it came down to it, she would be a co-guardian with me, but not with my other sister. She said that as long as our other sister is in the house, it's a hostile environment and she won't visit. This is ironic since her and the other sister used to be close. I believe that's why she won't come to court. She's hoping that when this is all over, they can salvage something.

What can I do about making sure my grandmother has an attorney, if anything? Is it too late for a trial?

Blondie, I still have the same attorney. I told him about my concerns and he indicated that he'd try harder to be more aggressive. We'll see.

Oh, and Blondie, one more thing. This new attorney my sister has, he's a nut job. When I was on the stand, he objected to every other word that I said.

When I mentioned that my grandmother had dementia, he objected, saying that I was not a doctor. Of course I'm not, but I have doctor's records to back up what I say. What's the deal? Also, he kept telling the judge that my grandmother didn't even want to see me anyway, so why are we here? I thought that was strange, coming from someone who doesn't know anything about my family (he'd just met with my sister/grandmother the day before the hearing) nor the obvious symptoms of dementia.

I also heard him say to my lawyer that:

1) The arrest warrant for my sister was dismissed, so it's no longer an issue.

2) That since my grandmother lives in NY and I live in NJ, that I could not possibly be granted guardianship. Is this true? I live only 40 minutes away from my grandmother, closer than a lot of areas in the same state. Is this really an issue?

My lawyer said that neither is an issue, but I'd like another opinion.

Thank you.
Dun

 

[BlondiePB]

When the government has you in its courts determining whether or not your actions will be restricted, that is a trial.

Thanks, seniorjudge. That's what I thought. After reading NY statute regarding an attorney ad litem for the OP's grandma being at the discretion of the judge, it sure seems funny that the grandma had not been appointed an attorney by the court and I was trying to make some sense of it all. I've never heard of an alleged incompetent not having a court appointed attorney to represent him/her at a competency hearing.

 

[seniorjudge]

"I would not personally take away any of her rights."

A guardianship/conservatorship is designed to take away rights. That's what it is for. Grandma needs an attorney now.


"1) The arrest warrant for my sister was dismissed, so it's no longer an issue.

2) That since my grandmother lives in NY and I live in NJ, that I could not possibly be granted guardianship...."

Sounds to me like your lawyer knows what he's talking about.


"After reading NY statute regarding an attorney ad litem for the OP's grandma being at the discretion of the judge...."

They certainly do things strangely up there....

 

[BlondiePB]

Hmmm, well, I don't want to inhibit my grandmother in any way. I would not personally take away any of her rights. I've always respected her opinion and needs. That's the reason I've tried so hard to keep her in her own home for as long as possible. Unlike my sister, I don't want to control her life at all. All I want to do is make sure she is healthy, safe, and financially secure. I have absolutely nothing to gain by this guardianship. My own personal assets greatly outweigh my grandmother's. I have evidence to substantiate this that I will present at the hearing if necessary.

Guardianships do take away a person's certain rights. However, it's important that a guardian finds the way with which the ward really is not aware that he/she does not have control over certain things. Depending on the dementia of a person, is how or whether or not the ward is even aware that he/she is in the control of the guardian. Do take all info with you tomorrow and include all you know about what your sister has/is doing. A court appointed attorney is supposed to represent your grandmother and no one else.

If I get guardianship, I will continue as I did previously, the only difference will be that this time, my sister will not be able to do any legal mechanations behind my back to complicate things.

Good. And, evict your sister the thief.

My only concern is that if an independant guardian is hired by the courts, they will have to be paid and that will deplete my grandmother's limited assets very quickly. It's like she would still suffer financially because of my sister's greed, just indirectly.

It's much better than having your sister keep on stealing from your grandmother. When a ward does not have assests for a guardian fees, there are state funds that can pay the public guardian's fees.

Our other sister indicated to me that if it came down to it, she would be a co-guardian with me, but not with my other sister. She said that as long as our other sister is in the house, it's a hostile environment and she won't visit. This is ironic since her and the other sister used to be close. I believe that's why she won't come to court. She's hoping that when this is all over, they can salvage something.

Co-guardian? Never heard of such a thing.

What can I do about making sure my grandmother has an attorney, if anything? Is it too late for a trial?

Ask your attorney.

Blondie, I still have the same attorney. I told him about my concerns and he indicated that he'd try harder to be more aggressive. We'll see.

I would have "kicked him to the curb" a long time ago.

Oh, and Blondie, one more thing. This new attorney my sister has, he's a nut job. When I was on the stand, he objected to every other word that I said.

A nut job or just agressive??

When I mentioned that my grandmother had dementia, he objected, saying that I was not a doctor. Of course I'm not, but I have doctor's records to back up what I say. What's the deal?

Mentioning that grandma has dementia vs. "Grandma's medical records" is a big difference. Your attorney did not submit the medical records???

Also, he kept telling the judge that my grandmother didn't even want to see me anyway, so why are we here? I thought that was strange, coming from someone who doesn't know anything about my family (he'd just met with my sister/grandmother the day before the hearing) nor the obvious symptoms of dementia.

This is exactly why grandma needs an attorney to represent her and will talk privately with grandma.

I also heard him say to my lawyer that:

1) The arrest warrant for my sister was dismissed, so it's no longer an issue.

2) That since my grandmother lives in NY and I live in NJ, that I could not possibly be granted guardianship. Is this true? I live only 40 minutes away from my grandmother, closer than a lot of areas in the same state. Is this really an issue?

My lawyer said that neither is an issue, but I'd like another opinion.

The arrest warrant will be an issue with the judge. You do not have to reside in the same state as a ward.

Thank you.
Dun

You're welcome.

 

[BlondiePB]

"I would not personally take away any of her rights."

A guardianship/conservatorship is designed to take away rights. That's what it is for. Grandma needs an attorney now.


"1) The arrest warrant for my sister was dismissed, so it's no longer an issue.

2) That since my grandmother lives in NY and I live in NJ, that I could not possibly be granted guardianship...."

Sounds to me like your lawyer knows what he's talking about.


"After reading NY statute regarding an attorney ad litem for the OP's grandma being at the discretion of the judge...."

They certainly do things strangely up there....

They need their licenses taken away for one thing, seniorjudge. Even some of these elders that are still pretty competent to hand their affairs are frightening on the road.

 

[seniorjudge]

They need their licenses taken away for one thing, seniorjudge. ...

I was quoting OP. Yes, I have been in a few of those taking the OPLs away...never a pretty sight.

 

[BlondiePB]

I was quoting OP. Yes, I have been in a few of those taking the OPLs away...never a pretty sight.

Got that right! Would you believe in FL now steps are being taken now in order for all elders to have their licenses renewed? And, the old folks aren't happy about it.

 

[seniorjudge]

...Would you believe in FL now steps are being taken now in order for all elders to have their licenses renewed? ...

I expect to be hauled in by the scruff my scrawny neck any day now....

 

[BlondiePB]

I expect to be hauled in by the scruff my scrawny neck any day now....

Will you then be aka "Scruffy"?