The court appointed attorney for my grandma does not appear to have her best interest. A statement was taken while she did not have her facilities (dementia) and used to give temporary guardianship back to her abuser and financial POA. She and my family would like to hire an attorney for a case against her POA / temporary guardian to give family the guardianship. Would the financial POA be required to make payments on her behalf for services used to remove his power?
What was the statement that was taken while she (your Grandma?) did not have her faculties ( AKA: capabilities—abilities—functions) due to dementia?
Allegations include that he forces her to take opioids in excess (medical tests confirm in system, not proscribed) and physically shakes her.
My mother and aunt are petitioning for guardian with paid counsel.
Grandma's court appointed counsel did not show to court on her behalf. When statement was taken, grandma did not have her faculties (did not know she had children, thought she had sisters and wanted to return to her abuser)
Could Grandma hire counsel with her money that her POA has possession of even though the case is against him?
Hire an Elder Care Attorney for your Grandma as they know more about Elder Abuse and POA and guardianship for the Elderly. Good Luck.
Research well and find an attorney with experience in challenging guardianships. Explain the financial situation; ask about access to her funds to pay the attorney's fee. A retainer might be required; can your family provide that?
An alternate option is injunctive relief. Ask any attorney you hire if it's feasible to get an injunction against the temp guardian.
Also, if elder or financial abuse can be proven, it might be possible to enjoin the temp guardian from further financial activity. That's why an attorney with experience in contested guardianships is the best choice to handle this kind of situation.
Involve the police on the opioid issue; tell them about the medical discovery of opioids which were never prescribed but are in her system. That'll give the police an opportunity for criminal investigation, which would strengthen the challenge of temporary guardianship. That also could be grounds for injunction.
Raise the question of whether the temp guardian himself has a history of drug activity; it might be that this is a modus operandi for him. If he does have a history, it'll strengthen the case for his removal.
What DO you know about his background? Has he done this before?
I honestly don't know how easy or difficult it is to contest a guardianship that's temporary, but I think that it should be done ASAP before this person does any further medical damage to her.
BTW, was he involved with her before she showed signs of dementia?
You can also file a complaint with the state bar association's grievance committee against the attorney who handled the proceeding.