Guardianship case

the court will appoint your DH his own attorney to defend him. Then 3 doctors will come out separately to assess his ability to make decisions for himself. The court does not like to take away rights, and he’s married to you, so I would bet that the daughter will not be successful at applying for guardianship because you’ll have the opportunity in a second hearing to contest her petition for guardianship due to the fact that he can make decisions and he has you if you are POA/DPOA and Healthcare Proxy.

I don't know where you live, but Missouri courts are reluctant to take away an adult's civil rights even if he has severe mental limitations. If your husband is doing well in his current situation, a Missouri court would not award guardianship. Rather, they would deny his daughter's petition and order her to pay your attorney fees. My wife and one of her sisters tried to obtain guardianship of their other sister several years ago, and that was the result.

I am sorry you are dealing with this ugliness.

In your shoes, I would get legal advice from an elder law specialist with experience in such things.

Do you have any sense of why she wants to do this? Is she typically an emotionally driven decision-maker? Does she have expertise or access to services that she might make her feel she's the better choice? You mention she held the POA previously; perhaps she is more comfortable calling the shots. You describe DH as having mild VD and yet you're very concerned about him being examined by 3 doctors. (BTW, that's not been my experience except in the case of a springing POA that requires the signature of 3 physicians. If the DD sees him as more impaired than you do and is concerned you aren't as proactive about his safety as she is she may want control. Mom and I battled over this— let's say she had very loving eyes— she left him home alone in the house further into the disease progression than was safe.

Assuming yours is a marriage of reasonably long standing, that you have the capacity to provide care, and that your DH is not abused or neglected in your care I don't think she'll stand much of a chance. Typically, a spouse "outranks" an adult child, although there have been rare incidences where a group of siblings went after a stepparent with money or retaliation at the root.

I have an aunt and friend who obtained guardianship in 3 different states. In both ME and PA, the PWD was subjected to a court ordered neuropsych evaluation given over 2 days. In ME, the long-term PCP gave an opinion that the PWD needed the protection of guardianship. In ME and MA, the petition was not contested. In PA it was contested by the PWD who had enough cognitive reserve to hire his own attorney beyond a guardian ad litem assigned by the court. He did not prevail against is sons on the basis of the test results and evidence of the condition of the cottage where he lived on the son's property.

Good luck.
HB