meddling family

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Latest post Mon, Apr 21 2014 6:49 PM by ca19lawyer2. 4 replies.
  • Sat, Apr 19 2014 12:24 PM

    • Jonaboon
      Consumer
    • Not Ranked
    • Joined on Sat, Apr 19 2014
    • WV
    • Posts 1

    meddling family

    Wv; Guardian & Conservator of MIL 2 yrs

    62 yr old MIL deemed incompetent (mental issues) has been in an Assisted living for 1 year, she has good days and bad

    Her 40+ yr old neice (D) has been telling her she is going to "get her out of there" and have her live with her (D). These phone calls lead to really bad days. This is the 3rd round in 1 yr. This place is nice and we were lucky to get her in. 

    We currently have her old home for sale and D thinks she's going to buy it because MIL said so. 1 the price is too low,2 this would continue to give MIL false hope of ever going back. 

    D has a horrible reputation on her own but her husband is self proclaimed prescription abuser (on local news following his arrest for robbing local pharmacy after leaving a vol rehab program). This woman is telling MIL all the wonderful things she can do and have when shes out. I do not believe D would ever have responsibility, how do I legally prevent her from contacting MIL? This is completely unhealthy for her mentally, I need her to stay adjusted. She's so upset with us she told staff and residents our Easter card said "hope you have an awful accident this Easter" cohersed and written by our 3 yr old.

    I tried asking her calls be stopped but the Director says this is a family matter and we need to go thru court. What do I ask for? 

  • Sat, Apr 19 2014 12:36 PM In reply to

    Re: meddling family

    Jonaboon:
    I tried asking her calls be stopped but the Director says this is a family matter and we need to go thru court.

    The Director is taking the passive aggressive way out to avoid being the bad guy.  The reality is as her guardian  you likely have the authority to limit who visits her if it is causing problems and the staff should honor that restriction.  

    Jonaboon:
    What do I ask for? 

    Start with MIL's physician.  You are going to need their assessment that the visits are detrimental to MIL.  

    Jonaboon:
    I do not believe D would ever have responsibility, how do I legally prevent her from contacting MIL?

    You can ask the court for supervised visitation and name those who are able to do so such as yourself, spouse etc.  

    Another option is to pay the lawyer who handled the guardianship a couple hundred bucks to send Niece a letter stating that her visits are detrimental and if she does not cease and desist telling MIL information that upsets her and undermines her mental health all visitation will be stopped.  If Niece is gullible she might just quit.  If not you are going to have to head to court.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Sat, Apr 19 2014 12:44 PM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on Mon, Oct 8 2001
    • TX
    • Posts 7,875

    Re: meddling family

    Jonaboon:
    Guardian & Conservator of MIL 2 yrs

    What are your legal duties and responsibilities as her guardian under WV law?  What can you do and/or not do as her guardian?  If you don't know or are unsure, visit the following website and get up to speed quickly.

    http://www.wvdhhr.org/bcf/policy/social_services/guardianship/guardian%20and%20conservator%20handbook.pdf

    If nothing else, you must:

    Act in the protected person's best interest and exercise reasonable care diligence and prudence.

    Jonaboon:

    I tried asking her calls be stopped but the Director says this is a family matter and we need to go thru court. What do I ask for? 

     

    Does MIL have an outside line that is an option?  If so, maybe you could have that removed.  First thing that I would do is provide the court papers appointing you guardian and remind the Director that it is your responsibility to protect MIL and perhaps they need to reconsider your request.  Director may back down.  If not, get back in touch with your attorney for advice.

    Jonaboon:
    Her 40+ yr old neice (D) has been telling her she is going to "get her out of there" and have her live with her (D).

    Perhaps a polite letter from your attorney reminding neice that she has no standing in the care of MIL would get her to "back off".  Get some paid legal advice before this situation worsens. 

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • Sat, Apr 19 2014 8:26 PM In reply to

    Re: meddling family

    Jonaboon:
    Guardian & Conservator of MIL 2 yrs

    Court appointed?

    Jonaboon:
    62 yr old MIL deemed incompetent

    By whom?

    Sorry to have to ask those questions but many people post here and use terms that don't fit the reality of their situation. Clarification would be helpful.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Mon, Apr 21 2014 6:49 PM In reply to

    Re: meddling family

    Jonaboon:
    Guardian & Conservator of MIL 2 yrs

    Is this your way of saying that you are the court-appointed guardian/conservator?

     

    Jonaboon:
    how do I legally prevent her from contacting MIL?

    If you're the court-appointed guardian/conservator, you should be able to dictate who may visit and otherwise contact your MIL.  Have you spoken with the staff at the assisted living facility about this?  If not, why not?  If so, what response did you receive (I can't tell if your subsequent reference to communications with "the Director" mean that you've tried doing this and gotten nowhere)?  Needless to say, if this doesn't work, you can seek a restraining order.  Consult local counsel.

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