Day 115 / Court Hearing

Miss D’s court hearing was today. The hospital lawyer asked if I would testify to Miss D’s condition when I first got involved and what I knew about the son’s financial exploitation. I agreed to testify. Miss D was at the hearing. No family members were present when the proceedings started. The judge asked to deal with the landlord issue first. The landlord did not show and the judge moved to the next issue for guardianship.  The hospital chief social worker was the first witness called and I was asked to leave the courtroom. Miss D’s granddaughter showed up as my husband and I were sitting outside the courtroom. We said hello. I told her the hearing already started and she should go inside. I testified in front of my friend, Miss D. I knew she would not remember; it didn’t make it any easier.

The court evaluator was asked to give her report to the judge and court. She told how Miss D’s apartment was very spacious and clean with a spare room for an aide to stay in. She recommended Miss D needs a guardian for property and personal care, but she could go home with proper care. She explained Miss D did get a pension and social security and could afford to pay her rent and utilities.

Miss D’s lawyer spoke and set examples from our testimonies why Miss D didn’t need a guardian. He must do this on his client’s behalf, but everyone, even Miss D’s lawyer knew she needed a guardian. The judge, court evaluator, lawyers, hospital social worker and court staff treated Miss D with respect.

The judge spoke with her decision to declare Miss D an incapacitated person and ruled she needed a guardian for both property and personal care. She went through the entire testimony of why she came to this decision. The judge ruled the landlord was to wait for any payment and could not proceed with eviction on Miss D until the guardian was in place. The judge granted a restraining order for Miss D against her son and his wife. Miss D’s location is to be kept a secret and they are not allowed to have contact with her. The judge ordered the court to start proceedings on the son for his illegal financial actions toward Miss D. The judge believed it was best for Miss D to go home to her apartment with 24-hour care after guardianship was in place, hopefully within 90 days.

Miss D’s lawyer told the judge the name of the guardian group ( the group I wanted ) who will be asked to take on guardianship. The judge was favorable and knew who they were, everyone did.

My husband and I treated Miss D and her aide to lunch after the hearing near the courthouse. Miss D did not remember the hearing and continues to ask if I’ll be her guardian and take care of her, she’s not much trouble.

We told her it was all good news today.