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I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
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Make sure this 'guardianship' is actually a legal one and not just reported as such by your brother or someone else; in other words hopefully you've seen in actuality the documents as authorized/signed and sealed by the court before responding too vehemently. It is sometimes held for thirty days after the hearing to give time for review/challenge requests before it is signed by the judge. GardenArtist's answer is also valid, whether the info given the court for notification purposes was correct or incorrect, intentionally or unintentionally so (in case you are a conspiracy theorist as I tend to be). In Georgia, where I and my brother obtained co-guardianship of my mother, we were required to give the names and addresses of just 2 other relatives who might have an interest in the proceeding. We have no other siblings. We gave a first cousin and one of my sons, both of whom understood the situation and were in agreement. Think immediate family must all be notified though, as you said. At best guardianship is tough on most everyone, even when all are agreed. At worst there are acrimonious challenges, hard feelings, long legal battles, and exploding legal costs. The legal system has justifiably made the end game the health, well-being, and safety of the potential ward, esp. if the ward's demented state prevents their making good decisions as regards those things. Guardianship is no baby's game and has strict requirements for the guardian, who must annually report and be prepared to prove to the court the soundness of their decisions on behalf of the ward. In short, your brother's intentions may be what you need to know in order to determine whether this is a good thing or not before taking on a potentially exhausting, expensive, and difficult court review/challenge. Guardianship is a responsibility not to be played down. That said, if you do not trust your brother's motivations and/or he is not open to suggestions/opinions about your mother's care, by all means be prepared to do what is necessary to ensure the best possible for her. The final caveat per answers to prior such posts: most often a family member as guardian is many times better than an OUTSIDER assigned by the court who has no obligation or reason to take any family member's preferences into account when making decisions for the ward. And that could be the result from a court fight where parties disagree and the judge deems no family member able to handle it successfully. God bless you! Your mother's best interests should be the driving force for any further steps.
GardenArtist gave a great answer. I would add that you need to find out the exact procedure for filing a review. An hour or so with an eldercare attorney would help if you don't feel confident enought to proceed on your own. Good luck
It could be that the notification was done by placing a legal notice or summons in the local newspaper. In some states, placement in a publication is sufficient notification. Usually 3 notices within a set time frame is required.
Igloo's point ties in with my suggestion to check the court file.
Notice by publication is done if attempt to locate someone has failed, i.e., if a notice mailed is returned, if a process server is unable to locate an individual, and if there is no other indication where the person is.
Court rules (in Michigan, at least) provide for service by publication. This is why you need to check the file to determine if there were any addresses or erroneous addresses provided for you. If there were, there's another problem which relates to who provided such erroneous information and whether or not it was intentional. At that point, you need to think about getting an attorney to find out what options are available to you and whether the hearing was in fact properly held in that an heir was not able to participate b/c of erroneous information on whereabouts.
Also check your state's and county's court rules to determine what steps are required to effect service of process. Rereading Igloo's comments, I wasn't aware that in some states service by publication is an accepted method of service without having attempted personal service first. As written above, I'm only familiar with Michigan's general court rules.
I would check the documents in the court file. It should list who was notified and how, give the reasons for the proceeding, etc. That should answer a lot of questions.
Also, does your brother say why you weren't give direct notice? He or his attorney should know.
It's a huge responsibility. I'd keep that in mind.
Contact the Court in GA and tell them you were never notified. Notification can take the form of a newspaper ad which tells what legal action is going to take place and relatives should notify the Court if they are interested. Each state has their own laws, but find out. If you are out-of-state, the judge probably decided it was in her best interest to have your brother in state.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
GardenArtist's answer is also valid, whether the info given the court for notification purposes was correct or incorrect, intentionally or unintentionally so (in case you are a conspiracy theorist as I tend to be). In Georgia, where I and my brother obtained co-guardianship of my mother, we were required to give the names and addresses of just 2 other relatives who might have an interest in the proceeding. We have no other siblings. We gave a first cousin and one of my sons, both of whom understood the situation and were in agreement. Think immediate family must all be notified though, as you said.
At best guardianship is tough on most everyone, even when all are agreed. At worst there are acrimonious challenges, hard feelings, long legal battles, and exploding legal costs. The legal system has justifiably made the end game the health, well-being, and safety of the potential ward, esp. if the ward's demented state prevents their making good decisions as regards those things. Guardianship is no baby's game and has strict requirements for the guardian, who must annually report and be prepared to prove to the court the soundness of their decisions on behalf of the ward.
In short, your brother's intentions may be what you need to know in order to determine whether this is a good thing or not before taking on a potentially exhausting, expensive, and difficult court review/challenge. Guardianship is a responsibility not to be played down. That said, if you do not trust your brother's motivations and/or he is not open to suggestions/opinions about your mother's care, by all means be prepared to do what is necessary to ensure the best possible for her.
The final caveat per answers to prior such posts: most often a family member as guardian is many times better than an OUTSIDER assigned by the court who has no obligation or reason to take any family member's preferences into account when making decisions for the ward. And that could be the result from a court fight where parties disagree and the judge deems no family member able to handle it successfully.
God bless you! Your mother's best interests should be the driving force for any further steps.
Notice by publication is done if attempt to locate someone has failed, i.e., if a notice mailed is returned, if a process server is unable to locate an individual, and if there is no other indication where the person is.
Court rules (in Michigan, at least) provide for service by publication. This is why you need to check the file to determine if there were any addresses or erroneous addresses provided for you. If there were, there's another problem which relates to who provided such erroneous information and whether or not it was intentional. At that point, you need to think about getting an attorney to find out what options are available to you and whether the hearing was in fact properly held in that an heir was not able to participate b/c of erroneous information on whereabouts.
I would check the documents in the court file. It should list who was notified and how, give the reasons for the proceeding, etc. That should answer a lot of questions.
Also, does your brother say why you weren't give direct notice? He or his attorney should know.
It's a huge responsibility. I'd keep that in mind.
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