My friend is divorcing her abusive husband. Children are really mad at friend and have cut off contact with her. Now they have petitioned to declare her unfit and become her Conservator/Guardian - I suspect because they want financial control. They do not know friend already assigned me as POA, Med. POA, Standby Conservator/Guardianship. If the court finds her "unfit", will they accept her previous legal assignments to me?
No one can tell u how this will turn out. Guardianship is usually needed when the person is found incompetent. Is your friend incompetent? Can she still handle her own finances and care for herself?
I suspect there is money involved here and the children are out to protect it. Making sure they get their share?
Since children are not aware of your standing, maybe thats the first thing the lawyer will do is inform the children's lawyer that Mom has already assigned someone. May not go any further.
Your friend will need a lawyer if this goes to court. Perhaps it might help to arrange a new will that leaves any residuary estate to the children (even if there is not likely to be much left after bequests, medical and care expenses). It makes it much harder for the children to say that you have alienated their mother’s affections through undue influence.
I once had to draft a will for an elderly lady who was very bitter about the relationship her daughter had formed, and was particularly insistent that the will stopped any possibility of her own jewellery ending up with the new partner. There was absolutely nothing of any value, but putting in the appropriate clause seemed to calm her down a great deal. She just needed ‘a win’. This strategy might help.
This is a really loving thing you have agreed to do for your friend, she is lucky to have you. Good luck
This is not a battle between your friend and her children, and the court will not treat it as such. The only issue of interest to the court is your friend's best interests as a potential ward of that court.
The court receives an application for guardianship. The court's first concern is to determine whether the person does or does not require the protection of guardianship. Only if it is determined that she does will the court then consider who is best placed to act as her guardian.
That may be you, since your friend has set out her wishes in proper form, and you can then expect that the children will oppose that choice - which they certainly can do, and you can expect it to get bitchy and expensive; but even so it isn't likely the court would appoint guardians who are manifestly hostile to and angry with the potential ward. Not to say it couldn't happen, but they'd have to be singing a very different tune to be successful.
The court isn't interested in the divorce - it might be interested in the abuse, but it would have to be proven.
To look on the bright side, it could be that the children will go to the trouble and expense of the petition only for the court to decide that your friend's first choice was the correct one after all.
If guardianship is awarded, POAs are redundant. All of the financial and welfare issues will be brought within the guardian's remit. The court won't accept your friend's assignment of responsibilities, but it will consider it as a strong statement of her preferences which will continue to be an important factor in the arrangements to be made.
But in any case, that's the wrong bit to focus on. Looking at the situation as objectively as you can, do you have any reason to doubt your friend's soundness of mind?
Does your friend have a good lawyer of her own?
Stay neutral and make sure that the court understands that you are doing this to protect her and ensure her well being. Don't get into the drama her kids create unless you have proof that they are being dishonest or don't have her best interests at heart.