My nephew was appointed guardian of my brother after termination of my mother who had been the guardian for over 30 years. my nephew now receive a copy of the annual accounting. In reviewing the report I found several discrepancies (I.e. end of the year charges by the attorney reflected amounts totalling more than the amount calculated that was charged to the Estate) and also reflects bill padding, a mortgage contract on property belonging to the mother that produced a lien for a minimal amount that the court did not approve. I brought to the attention of the Fiduciary from the Veterans Administration the discrepancies and was told that past accountings were reflective of the Estate being charged more than what was calculated and I should seek advice to terminate the conservator since my brother is a 100% beneficiary and receive most of his benefits from the VA. I really need the court to guide me to help my brother remove the conservator , and appoint someone trustworthy so my question is do I formally object in writing to the accounting and file the petition to terminate at the same time or do I file the objection and bring up my issues at the hearing.
You can handle it either of the two ways that you propose. Whether or not you have grounds to terminate may depend on other factors, however, and if the conservator is represented by counsel and you are not, you will be at a disadvantage. Consulting with a probate attorney will give you a better perspective on what you can expect from the judge.
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I agree there are multiple ways to accomplish the goal of protecting your brother, and it is unclear what is really going on here without delving into the specifics which is not appropriate for this sort of forum. You DO need to appreciate, however, that the court and court personnel CANNOT provide you guidance or advice. They are there to adjudicate the case and cannot help any one 'side' of the situation.
If you need guidance and help, you need to hire your own attorney. If you cannot afford to do that, there are 'legal aid' attorneys who help with probate matters. Please don't try to 'do this yourself' but seek local legal help!
This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!
I agree with Messrs. Frederick and Zichi.
I urge you to seek legal counsel of your own because your lawyer can help you to plan the most effective way to approach the court about replacing your nephew as guardian for your brother.
I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. My answering your question does not establish an attorney-client relationship. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.
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