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Start by asking your wife's daughter to show you the guardianship papers. Make a copy and take them to your lawyer. It is almost certainly a Power of Attorney, and an invalid one perhaps.
And yes, if she is proposing to take any action based on her "guardianship" she DOES have to produce those papers.
Thank you, Katikate and Barbbrooklin. The daughter has the paper and has already acted and it's not the last action I'm afraid. How can a judge issue such a paper without contacting the living and quite normally functioning Husband first? Jonathan
Jonathan, you can contest guardianship with the courts by filing a petition. You need to talk to an attorney that specializes in undue influence. Why do you think your wife's daughter filed for guardianship?? Are you a "new" husband? Keep in mind you will also be scrutinized by the courts and the courts will favor what the "protected person" (which is how your wife is now referred to in the court system) wants and verbalizes regardless of what is actually "best" for her.
Something is fishy. That's just not how a legal guardianship is done. I am my adult sons legal guardian and have some experience here.
First, your wife has to be examined to determine if she is legally competent. This examination is usually done by two separate court appointed doctors. Your wife is also given the opportunity to contest the guardianship and if contested she would be appointed an attorney if she is unable to hire her own. Next - any living immediately relative - especially a spouse - is notified of the intent to gain guardianship and is also allowed to contest the process and or any appointment.
While laws may vary state to state there is no big discrepancy in the process. If there is truely a guardianship held by the daughter, you can easily get this reversed with the help of an attorney- possibly getting one through Adult Protective Services or even the court if you can make it that far on your own...unless there is more to this story - which I gotta believe there is.
To give an example of the steps the court will take to protect the rights of the individual in question:
My son has sevear autism - is completely non verbal and functions at about a 2-3 yr old level. When my son turned 18 I filed for guardianship. As I stated above the court appointed two doctors to do separate evaluations. One doctor was a psychiatrist - my son had an appointment at his office and of course I had to get him there. For the first 20 minutes or so the psychiatrist talked to me with my son in the room. The psychiatrist had all my sons medical records and his current school records. Then the psychiatrist asked me to leave the room. Not thinking it though- just being a protective mamma, I was uncomfortable with leaving my vulnerable son alone with a stranger- so I asked why. The psychiatrist told me he needed to give my son a chance to talk openly, without me in the room. Okay - I get it - but seriously? The guy had all my sons records stating he had never uttered a word since age two and even then it was "mamma" and "no"! See what I mean?
If you or your wife were not given the opportunity to contest the guardianship, you should be able to do something about it.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
This is probably not true. A guardianship happens when there is a legal case before a judge. With a living husband this is just not going to happen.
I bet when you investigate this, you will find it isn't true at all.
Perhaps your wife signed a POA? Get a lawyer and undo this. Your wife is incapable of signing anything.
And yes, if she is proposing to take any action based on her "guardianship" she DOES have to produce those papers.
last action I'm afraid. How can a judge issue such a paper without contacting the living and quite normally functioning Husband first? Jonathan
First, your wife has to be examined to determine if she is legally competent. This examination is usually done by two separate court appointed doctors. Your wife is also given the opportunity to contest the guardianship and if contested she would be appointed an attorney if she is unable to hire her own. Next - any living immediately relative - especially a spouse -
is notified of the intent to gain guardianship and is also allowed to contest the process and or any appointment.
While laws may vary state to state there is no big discrepancy in the process. If there is truely a guardianship held by the daughter, you can easily get this reversed with the help of an attorney- possibly getting one through Adult Protective Services or even the court if you can make it that far on your own...unless there is more to this story - which I gotta believe there is.
My son has sevear autism - is completely non verbal and functions at about a 2-3 yr old level. When my son turned 18 I filed for guardianship. As I stated above the court appointed two doctors to do separate evaluations. One doctor was a psychiatrist - my son had an appointment at his office and of course I had to get him there. For the first 20 minutes or so the psychiatrist talked to me with my son in the room. The psychiatrist had all my sons medical records and his current school records. Then the psychiatrist asked me to leave the room. Not thinking it though- just being a protective mamma, I was uncomfortable with leaving my vulnerable son alone with a stranger- so I asked why. The psychiatrist told me he needed to give my son a chance to talk openly, without me in the room. Okay - I get it - but seriously? The guy had all my sons records stating he had never uttered a word since age two and even then it was "mamma" and "no"! See what I mean?
If you or your wife were not given the opportunity to contest the guardianship, you should be able to do something about it.