Friday, February 05, 2010

Guardianship

Yesterday was the final guardianship hearing for my mother.

Richard, Bill, and Erica were there. As my lawyer, Roy, and I walked off the elevator, I saw Richard talking on his cell phone. I hadn't seen him since Dad's memorial... and my first impression was Jabba the Hut with really ugly designer glasses.

Richard must not be doing well, because he looked terrible.

Richard was angry that his lawyer wasn't there. Evidently, Richard tried to tell the judge that he was unaware of the very court date he was at, that he hadn't received any notice about the court date... what the???? He said his attorney told him to ask for a continuance. (That was what Bill had asked for at the first court date.) He also told the judge that his attorney had filed some kind of motion with the court.

The judge told Richard that he hadn't received any filings from the attorney and no notice that there would be any representation. Then the judge called Richard's lawyer, putting him on speaker phone, and talked with him about what kind of motion he had filed and why he wasn't at the court. The lawyer told the judge he didn't know about the court date, it was his impression that guardianship had already been conferred and they were going to sue for co-guardianship or at the very least request that they get a semi-annual accounting of mom's finances.

While the lawyer was on the phone, the judge said he was ready to rule and grant guardianship to me with no restrictions. Richard didn't understand what that meant, so the judge gave Richard time to go out into the hall outside the courtroom to call his lawyer and ask him what it meant.

When Richard came back, he said he agreed to the judge's ruling. So I am now mom's guardian, no restrictions.

The judge warned them that if they wished to sue for c0-guardianship, they needed to do so promptly... something the judge said three times to them.

We gave the court all kinds of documentation... a list of and copies of cash receipts, mileage log (beginning in September when mom was moved into Sterling house), an accounting of her checking account receipts and expenditures, a list of her assets and their value, and copies of mom's Mini Mental Status Exams she has taken over the last 2 years. Those copies also went to Richard and Bill.

When it was all over with, my lawyer, Roy and I were talking in the hallway about what happens when they sue for co-guardianship. She was explaining to me what to expect when Richard comes up and says, "You look great!" and "Give me a hug."

OMG. I had no idea what to say. Here is someone who in the last several emails was so vile to me that I just had to shake my head in disbelief - and now he was acting like everything was peachy. That is typical of Richard. Say anything you want to anyone who is in your way, and then everyone is supposed to just let it go and act like everything is fine. What, you only hate my guts in emails, but we can be lovey-dovey sibs outside of the ether world?

I won't go into what happened, but suffice it to say neither Richard nor I are going to change in our stances to each other. My attorney told me that she thought I was crazy for filing for guardianship when I had power of attorney - but when she saw what I was dealing with, she then understood why I took this step.

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