Overview:
• What do you do when you miss the deadline to file an objection to a Guardianship/Conservatorship petition (for an incapacitated senior), and the referee says he's going to grant adversary's petition if you miss it?
(That's the general issue; details below. I tried to make it as short as I could. Bless your heart if you take the time to read it and respond.)
Case background:
• A non-family member has filed a petition for the GC of my grandfather, who suffers from dementia.
• The Petitioner has a non-durable POA which we, the grandchildren (and only kin), believe was obtained under dubious circumstances.
• Due to various actions the Petitioner has taken, we don't trust her to act in accordance with my grandfather's wishes. Therefore, I'm attempting to object to her appointment as GC.
Obstacles to my success:
• I can't afford legal counsel at this time. The judge has allowed me to file in forma pauperis, and I'm proceeding pro se.
• Two hearings were held, but the referee didn't take testimony of my objections at either of them…
• At the second hearing, I was given a deadline of Friday (1/14) to file a formal written objection, failing which, the referee promised to grant adversary's petition. And for various reasons, I did fail to make it.
• Tomorrow (1/18) will constitute next business day because today is MLK Day and the courts are closed. I'm hoping I can manage something brilliant either today, via other parties, or on Tuesday morning via motions.
Things working in my favor:
• There is fairly solid evidence that my grandfather prefers a blood relation to be the GC, (which I argue should be taken as his own objection.)
• There is clear evidence of the Petitioner acting against my grandfather's wishes, acting in her own self-interest in the adminstration of his affairs, refusing to cooperate with his family, et al.
• The rest of the family supports my appointment as GC over that of the Petitioner.
• Adversary's petition is defective (for one thing, it's incomplete, and the omission in question is significant.)
Courses of action I'm considering:
• I'd hoped to obtain a durable POA from my grandfather, which I belive he would provide, but I've now decided to simply file my own petition. Question: Too late to file it at this stage? Do I move for her removal first, and then file?
• An email/fax to the Petitioner's attorneys, requesting they withdraw their petition, enumerating evidence against her that I suspect they may be unaware of, and so on.
• An email/fax to the court-appointed attorney for my grandfather, informing her of his wishes, issues with the Petitioner, and hoping that she'll initiate some court action on his behalf.
• Going in to court first thing Tuesday morning to file an emergency motion (or letter to the referee/judge) pleading that the extra day is of negligible impact and to hear my objections.
• Waiting for the court to appoint the Petitioner as GC, then moving for her removal based on pre-existing issues, while filing my own petition as Successor.
Thank you for any help at all.
• What do you do when you miss the deadline to file an objection to a Guardianship/Conservatorship petition (for an incapacitated senior), and the referee says he's going to grant adversary's petition if you miss it?
(That's the general issue; details below. I tried to make it as short as I could. Bless your heart if you take the time to read it and respond.)
Case background:
• A non-family member has filed a petition for the GC of my grandfather, who suffers from dementia.
• The Petitioner has a non-durable POA which we, the grandchildren (and only kin), believe was obtained under dubious circumstances.
• Due to various actions the Petitioner has taken, we don't trust her to act in accordance with my grandfather's wishes. Therefore, I'm attempting to object to her appointment as GC.
Obstacles to my success:
• I can't afford legal counsel at this time. The judge has allowed me to file in forma pauperis, and I'm proceeding pro se.
• Two hearings were held, but the referee didn't take testimony of my objections at either of them…
• At the second hearing, I was given a deadline of Friday (1/14) to file a formal written objection, failing which, the referee promised to grant adversary's petition. And for various reasons, I did fail to make it.
• Tomorrow (1/18) will constitute next business day because today is MLK Day and the courts are closed. I'm hoping I can manage something brilliant either today, via other parties, or on Tuesday morning via motions.
Things working in my favor:
• There is fairly solid evidence that my grandfather prefers a blood relation to be the GC, (which I argue should be taken as his own objection.)
• There is clear evidence of the Petitioner acting against my grandfather's wishes, acting in her own self-interest in the adminstration of his affairs, refusing to cooperate with his family, et al.
• The rest of the family supports my appointment as GC over that of the Petitioner.
• Adversary's petition is defective (for one thing, it's incomplete, and the omission in question is significant.)
Courses of action I'm considering:
• I'd hoped to obtain a durable POA from my grandfather, which I belive he would provide, but I've now decided to simply file my own petition. Question: Too late to file it at this stage? Do I move for her removal first, and then file?
• An email/fax to the Petitioner's attorneys, requesting they withdraw their petition, enumerating evidence against her that I suspect they may be unaware of, and so on.
• An email/fax to the court-appointed attorney for my grandfather, informing her of his wishes, issues with the Petitioner, and hoping that she'll initiate some court action on his behalf.
• Going in to court first thing Tuesday morning to file an emergency motion (or letter to the referee/judge) pleading that the extra day is of negligible impact and to hear my objections.
• Waiting for the court to appoint the Petitioner as GC, then moving for her removal based on pre-existing issues, while filing my own petition as Successor.
Thank you for any help at all.
