Father is 99 (determined to make it past 100, it's in his genes!). A terrible series of events resulted in Court appointed Guardian & Conservator who impose unreasonable restrictions. One of which restricts our visits to only 2 times/wk for 1 SUPERVISED hour (a total of 2 hrs/wk, without privacy). My Father and I want to take this back to Court, asking 1. for Dad's status to be changed from incompetent to competent (he WAS very confused due to severe bladder infection & extremely low sodium levels-both of these problems DO cause complete confusion & dementia like symptoms. He HAS recovered mentally, and physically as well), 2. for the Guad. & Cons.to be removed & replaced (there are people in place to takeover). I know how tedious, time-consuming, costly & DIFFICULT this would be. Therefore, would you recommend legal or mediation? Also, can anyone recommend a good ElderLaw Mediator in the Denver, CO area? I thank you for your help as well as your time.
Mediation can be a useful tool for resolution. It is non-binding and thus if you cannot reach a resolution you can then see the court's intervention. As for the attorney recommendation, attorneys are only able to provide answers to questions in this forum. Use the Find a Lawyer link to search for a qualified local attorney. Good luck!
I understand that medical conditions can do this. Is the court-appointed guardian aware of the issue, and open to mediation prior to you filing in court? If not, I would advise you to find an Elder law attorney in the area asap. If you file, you can still proceed to mediation prior to racking up a huge legal bill and taking up a lot of time, and I am sure you want to spend the time with your father outside of court.
If Colorado is similar to Texas law, you can petition to have your father's competency restored, which would terminate the guardianship. If a court determines your father still lacks capacity, you can petition to have the current guardian removed and a successor guardian appointed.
My practice is focused in Tennessee and Alabama, but the laws regarding elder care are usually pretty consistent. 99 years is a good start! Any of the legal routes that are available are probably months-long at the least, so time is of the essence to give the family the best days possible with dad. A well-run mediation is simply a focused and constructive conversation. There is a special certification in elder & family care mediation in some states, but any good mediator should be able to help quickly and effectively. I would recommend Candy McCune in Aurora, CO. She is a highly skilled mediator with experience in difficult situations.
I generally like mediation and do believe it can be an effective way to find good and creative solutions to difficult problems. However, if your father is competent and you have a doctor or two willing to attest to that fact I would hire a local elder law attorney to request the guardians immediate resignation. If the Guardian and conservator are not willing to resign or terminate guardianship themselves than I would file for termination.
