The Guardian never contacted us, even after we received the official “Order” from the court in December 2022. Meanwhile, the funds were adding up in Jean’s account with no payments being made to the nursing facility. I called the facility in December and they wouldn’t divulge any information to me concerning Jean’s financial obligation to them, they wouldn’t even tell me if she had enough personal funds in the account for hair, nails, etc., and they had to get permission from the Guardian to tell me that.
We did not realize it at the time but the Guardian was having all Jean’s mail that was going to our address forwarded to them, so we were not seeing any bills from the nursing home, but they were and they didn’t do anything about getting them paid. They never told us they had her mail forwarded they had absolutely no contact with us.
In early February 2023 we were served with a “Motion To Appoint Guardian Of The Estate As Trustee Of Ward’s Revocable Trust”. We were totally BLINDSIDED.
In the motion, they stated that we had failed to use her funds to make her PML obligation, but we had lost guardianship in October of 2022, it was then their responsibility to pay her obligations. We found out after we were served with these papers that they had not made any payments to the facility since they took over guardianship.
They stated that Jean was in risk of being discharged from the facility, from paperwork we received almost a year earlier in 2021 before we made a payback arrangement. Jean was in no danger of being moved out of the facility.
They stated that Charles and Susan were using the property as their primary residence, and that we were running a business out of the property. The said we did not pay rent for our use of the property.
Obviously, if we had not been paying the mortgage, the house would of been foreclosed on many years ago, who did they think was making these payments, and why didn’t they contact us like we were told to make sure that we all understand what the situation was?
Also, the copy of the trust they presented to the court for this motion only had three pages and were altered to make it appear to be a three page trust, the copy they submitted was not even signed or recorded.
So once we received these papers we called them and asked if we could meet and discuss all this. The attorney refused to speak with us, told us to get an attorney and hung up on us.
With a May court date, we started looking for an attorney to represent us.
We are now about 15 days out from having to leave the home. Renting a place has been impossible so we are going to challenge the notice to vacate/future eviction lawsuit. We have to decide if we want to stay with our current attorney (which I will explain more in the next blog), or hire a new one and will know next week.
We both work and we work hard, I have two jobs but with the landscaping business being slow this time of year, and no savings because of the financial situation we are in because of Jean’s care over the years. We don’t have the funds for a retainer and fees. We have considered selling our small camper, but if it comes down to it, we will have live in it with our 10 cats if we can find a permanent site so we are holding onto that for now. The hardest thing I have ever had to do is ask for help like this, but we have no choice.
We have started a GoFundMe page at Blindsided to help us raise the funds for attorney fees.
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Charles and Susan Murray
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