Reply to Mother now incompetent/ incapacitated for medical and financial

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[quote=Anonymous][quote=Anonymous]If you do not intervene, the nursing home and the guardian will likely be in cahoots. I had this happen to my aunt who had no children. She was relatively young, was in a medicare facility because she had a trach and could not speak, but was mentally sounds. When she went into the ICU for pneumonia the nursing home petitioned to[b] have her deemed mentally incompetent and requested a guardian be assigned, and suggested a particular guardian[/b] who then filed that his first request was to have the beneficiary of my aunt's life insurance to be changed (which he would have been able to do if he had been assigned as guardian). He wanted to change the beneficiary to the nursing home.

When I found out, I was able to get an elder care attorney involved to file an emergency injunction (or whatever it is called) to have me named as her guardian which I was.

This is a common scam. Netflix made a movie about a real one called" I Care A Lot"[/quote]

I'm a PP from 1/4. The judge would have to be in on it too, because generally judges appoint independent guardians if family is unwilling or unable to be the guardian. At least in my state/ at every guardianship hearing at which I've testified, that happens. The facility is not able to request guardians, and the court always exhausts every family contact first. The NH resident is appointed an attorney by the court who represents them.
I'm not saying it never happens in other places, I've just never seen it, I guess. That sounds like a very corrupt state you live in.

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