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What country are you in, sheneedhelp123? In the US guardianship would not be granted without the husband being informed and able to participate in the court hearing.
Not enough info here. Did your fiancé have a stroke or other condition that left her unable to oversee her own care for a while? Does she have money or asserts that the son is trying to control? Does she have advanced healthcare directives or a durable power of attorney? I would have her ask the social worker to talk to her with you in the room and tell the social worker she has her permission to discuss her medical care with you, if that's what she wants. My guess is that the hearing on the 25th is for her son to gain guardianship. These Things take time my guess is it has been enough time for it to happen. I am praying the judge looks at it from all angles and sorts it out in the best interest of your fiancé. God bless you.
If you are in Georgia and have been living together since before 1/1/97 you may be considered common law spouses, something that would be important to you. I have been to many court hearings in FL where the patients rights were challenged. Help her get her thoughts together so she can present a good case without emotion or crying. If necessary you may seek a public defender as patients have the right to be represented.
I'm not sure what a "restore center" is but I think it might be some kind of rehab facility? If so, what's the reason she's there? Was her son's guardianship the method by which she was placed there?
How did the son get guardianship? What are your wife's medical issues?
A lot more information is needed before anyone can answer, especially as to reclamation of rights lost pursuant to a guardianship.
I may be just guessing and going out on a limb - but if what you mean is she says she wants to go home, and she is not ready - then her son is doing the right thing to keep her in the rehab. Many or even most people with brain injury, particularly early on, don't realize what has happened and think everything will be back to normal if they can just go home; they are often very unaware of what they are not able to do and need help with, to the point of not being safe. Often a person with a brain injury who can't walk yet will not remember that and will keep getting up out of bed without help, and risk re-injury that way. I think it is very possible that her son is absolutely doing the right thing to insist she stays in rehab for a while and maximize her chances of real recovery to a better level of function.
So, she's not legally your wife yet, and that would be why her son was able to file for the guardianship. Will pray that the courts do the right thing for her! They will need objective third party evaluation of how she is really doing cognitively, probably the rehab center has something like that done. What does their social worker say when you ask about her guardianship and her discharge planning?
Unfortunately for you, those laws have no legal standing in this country. The son has the right to act on her behalf while she was incapacitated. Now that she is better, enjoy the time you spending with her. Hopefully the courts will see she is competent to make her own decisions and then you both can move on with your lives together.
Restore appears to be a Neurobehavioral center for people with serious brain injuries. What do her doctors at this center say about her ability to live independently again?
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.
I'm not sure what a "restore center" is but I think it might be some kind of rehab facility? If so, what's the reason she's there? Was her son's guardianship the method by which she was placed there?
How did the son get guardianship? What are your wife's medical issues?
A lot more information is needed before anyone can answer, especially as to reclamation of rights lost pursuant to a guardianship.
I don't know, something just doesn't add up.
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