"Elderly prisoner of probate court"
- Category: Guardianship
- Created: Friday, 10 January 2014 14:33
- Written by Alecomm2
My father and I went to court yesterday on an emergency petition to take my grandpa home.
We proved to the judge that the court appointed case manager and co-guardian violated two court orders and that my grandpa has been confined against his will at a nursing home without just cause.
We also made the argument that we would be able to live with him and take care of his needs.
But the court didn't want to agree with allowing family who loves him and have always acted in his interest to provide his care and free him from confinement, instead the judge opted to keep my grandpa in the nursing home at a huge expense to his estate until strangers were interviewed and could invade his home.
Despite my argument that my grandpa's confinement violates his 14th Amendment right to liberty and property, the judge dismissed the emergency petition.
My grandfather has limited guardianship and yet his due process of law and his rights to attend court proceeding continue to be violated. He has not been in court for the past 4-5 court appearances. My grandpa doesn't even know what is going on, and we can't tell him because of the gag order.
Somehow guardianship has turned my grandpa into a prisoner while his captures legally deplete his assets, deprive him of his dignity and violate his federally protected constitutional rights. The only option my father and I have to save my grandpa is by filing an appeal.
It is important to note that my grandpa has powers of attorney, a revokable trust and all the other legal instruments that are supposed to protect people of their person and estate.
You need to understand and realize that these legal documents are ignored in probate court. That is why I have been crying out and exposing this case because people who think POAs and a trust will prevent guardianship, they won't!
Anyone can be brought into probate court for any reason, and once you are, you will face the same obstacles and crisis my grandfather is suffering.
34955 N. Augustana
Ingleside, IL 60041