Be Aware, the take over process starts with an Emergency Guardianship (and conservatorship) Petition.

Once someone files a petition to be your guardian (and/or conservator), you can spot the Jackal soon after.  The Jackal will be the person(s) who files an “Emergency” guardianship and conservatorship petition.  Be aware that this person can be a family member, employee, attorney or anyone looking to take control of your money and assets.

You don’t believe it, check out the case involving Joann Bashinsky, where friends, employees and attorneys was trying to take control of the Joann’s money.

 

The “Emergency” Petition

First, let me say that YOU MUST FIGHT HARD AGAINST THE EMERGENCY PETITION.  The first step in the process, when someone wants to take control over your money and is likely not planning to do what is best for you, is that they file a petition asking the probate court to grant them “emergency rights” to be in control.

Let’s Break this Down

First, someone who knows you and likely is trying to look out for your best interest, files a “standard” guardianship petition with the probate court.  Notice, this person files a standard petition; not an emergency petition.

Second, before the standard petition is heard by the probate judge, someone else comes along and files an emergency petition.  The purpose of the emergency petition is to get in front of and take control from the person who filed the standard petition.

Third, while the emergency petition is temporary and in most states lasts for 90 days (courts will allow additional 90 days extension), it is the gateway used by Jackals to become the permanent guardian and conservator.  The Jackal’s intent is to remove you and eliminate your involvement; your voice.  Why?  So that when the standard hearing finally commences, the Jackal will say everything should stay as is; the person is done great; the Jackal should continue to remain in control.

Think About It This Way, the person looking to help you is likely already helping you.  That person filed the standard petition to get a legal authority to do something.  If that person deemed the situation to be an emergency, they would have filed as such.  So you see, the person that comes along and file an emergency petition, only did so to supersede the person that is trying to help you.

What They Want

Simply put, the people bringing the emergency petition wants to be in control of the money.  Now, to get the real ultimate control of the money, you also need to be in control of the person.  Hence, the filing for emergency guardian and conservator.

What?  The way it works is… while the conservator has control of the money, the money has to be spent only as a benefit to the person.  I.E., the money must be spent for the maintenance and betterment of the person.  So, who decides what the person needs?  The guardian.  Therefore, the real ultimate control is to be the “emergency guardian”, so that you can decide what the person needs; AND be the “emergency conservator”, so that you can spend the money the way you want; um-hum for the person.

And Yes, regardless of what is legally suppose to happen, there are conservators who will spend the money any way they want; then create fake billings.

Always take Emergency Guardianship and Conservatorship Petitions serious.  Do not dismiss them thinking that it is only for 90 days. You must fight them.  These emergency petitions have a way of becoming permanent.  After all, remember that the emergency petition is the gateway to becoming permanent; and permanent appointment is what the emergency petitioner filer wants.

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