Having some problems with probate court in Cuyahoga county as my mom has dementia and her guardian is not providing enough care. Know any good elderly law probate attorney's?
I found they need to have court guardian experience with some wins to show they can fight in tough situations. They also cannot have the client in the hearing to speak for them but handle the responses from what they remember. Probate court operates on zoom with only lawyers and clients/people are not let in the room.
Mom is thriving at home and demands to be allowed to live at home. Doctors say she is fine most of the day by herself with the cameras I have watching her but she does need palliative care or a consultant stopping by. Guardian canceled appointment for Palliative care a month ago. Mom wants to remain home until the family comes back together but it has never really been family since dad died in 1996.
"Why are you so concerned about your siblings not visiting your mother?"
They break her heart and she feels she has done something wrong, no holidays, no phone calls but yet guardian listens to their request as if they are involved. She never imagined her children would treat her this way.
"Contact your state bar association to find an attorney." and the National Academy of Elder Law Attorneys (NAELA).
Most attorneys say they don't litigate at all and this is involved, expensive to have me employ them.
"that a fight may run as high as 10,000.00" more like $25,000 or more. Attorneys have to memorize all the facts and argue without the client on the zoom court hearings. Judge likes zoom to keep siblings in the waiting room attorney can't bring in siblings but brother is allowed in.
"probate court was for after death" no when brothers are in conflict the magistrate uses past precedent case to say it's better to go with third party guardian rather then the son who lives with mom and cares for her. I think this is wrong as brothers in another state is different from brother that lives at the house and another brother who does not come to help or interact or take mom out of house for appointments or social events.
"will place her in custody of the state" Judge did that right off the bat.
"guardian is responsible for keeping in touch with their Ward" Have not talked to the guardian except for the initial zoom I asked for and I have never dialogued with guardian just me except last week he asked me to come in for respite care he wants to start against our will. Guardian used the "F" word, said he did not want to be the guardian that he has other wards. Guardian will not repair the house roof, grading yard, lawn service, painting etc... Guardian will not reimburse caregiver for days off work to take mom to medical appointments. Trying to burn me out and make me broke.
Three lawyers had been involved with Cuyahoga County probate court here in Ohio with 5 hearing and one trial but I have not been allowed to speak in court ever. Much misinformation, opinions and resentment toward the caregiver. Brother does not understand why POA was sought to change from him to caregiver and the fact APS ordered the change at the bank backed up eventually by three attorneys confirming the change in POA. Cleveland Clinic ombudsman fought back and claimed patient was not cognitive enough to facilitate a change in POA however 4 attorneys staked their ethics on the licitness of the interviews.
Guardian is both personal and financial.
I filed "performance of guardian complaints in probate court; Judge said I had my chance with attorney in previous hearings. That the third complaint I filed judge said they take notice of complaints so I stopped complaining to get hearing for these issues worried they would send mom to nursing home sell house.
"Why hasn't one of these lawyers gone before a judge and told him that this guardian is not doing what they are suppose to"
Three have and the last ran out of ideas so we are stuck. No other attorney wants in and I am out of money. I am allowed to file a motion on my own the court administrator said but I am afraid without a lawyer by my side. Judge said only way to approach the probate court is without a lawyer representing me.
My last idea is to file a disciplinary board action on prejudice in court functions.
https://www.odc.ohio.gov/fileagrievance
Should I?
7000 wards with guardians in Cuyahoga County and many could be helped.
As I read your profile it seems here that your mom is currently having a family guardian that you disagree with? And you wish to fight to be her guardian? If this is the case, are you aware that a fight may run as high as 10,000.00. And often a judge, who will resent being put in the place of King Solomon, will remove your mom from custody of BOTH of you and will place her in custody of the state, meaning a court appointed Fiduciary who will place her and manage her funds for her care.
I am not certain what sort of legal issue you have here. There are few here who will be acquainted with the attorneys in your own area so SP is correct in directing you to your local bar assn. or to the computer for lists of attorneys in your area.
Hope you can fill us in a bit more. Best to you.
I read your profile. It’s extremely sad. I must say that I have to agree with your siblings.
Your mom would be best served if she were placed in a facility where she would have around the clock care by a professional staff.
Why are you so concerned about your siblings not visiting your mother? Of course, this is sad but taking care of her needs is the primary concern in this situation.
Best wishes to you and your mother.