Page 49 of Can't Take Moore

“I called you for legal advice, not to yank my chain about the perfect nickname for my girlfriend,” Dean complained.

Ryland chuckled. “Sorry, switching from cousin to lawyer mode now.”

“Thanks, much appreciated,” Dean drawled.

I’d been around Dean and his cousins often enough to know they didn’t mean anything by their banter. It was just how they related to each other. But it could quickly devolve, and as amusing as it could be to watch, now wasn’t the time.

Leafing through the pages, I explained, “I’m using the notes app on my phone to scan all the paperwork I got. It looks like three different documents—a petition, an affidavit of person to be appointed, and a notice of hearing.”

“Dean told me the first hearing is in two weeks?” Ryland asked.

“Yes, that’s the date listed on the notice,” I confirmed.

“She must have pushed for the earliest date possible since she’s required to give at least fourteen days’ notice.”

“I’m sure she did,” I mumbled as I continued to scan the documents. Just looking at them was making my blood boil. “She’s not one to wait around when she wants something. To be honest, I’m surprised it took her this long to file. It’s not as though she was waiting to see if I’d change my mind and return to Chicago. I don’t know why she held off for so long.”

“She might have had a difficult time finding a lawyer to take the case. Guardianships of adults are time-consuming and expensive, so someone was bound to take it eventually. If only for the billable hours.”

“And she’s probably planning to use my money to pay them,” I grumbled.

“The gall of that woman is un-fucking-believable,” Dean growled.

“If you’re right, her plan will backfire. Initially, the petitioner bears the costs, which can be quite burdensome. The only way she would be able to be reimbursed is if she’s successful in being appointed and files a motion. But that’s not going to happen, so she’s going to end up on the hook for those bills.”

There wasn’t an ounce of doubt in Ryland’s voice, but I still asked, “How can you be so sure?”

“Even if she manages to get past the jurisdictional issues, forced guardianship is rare for someone your age. Your mother will need to prove that you’re unable to make financial and medical decisions for yourself and need to be protected. She will also have to demonstrate that she’s the best person to make those decisions for you.”

Thinking about the access I recently revoked, I ask, “Can she use the fact that I’d previously given her power of attorney against me? I filed the papers to revoke it before I moved down here. I think that’s what pushed her to do this—not having full access to my bank accounts so she can spend my money how she pleases.”

“It could help her argue that she’s the best person to be appointed as your guardian since you’ve demonstrated that you trust her to make financial and medical decisions for you in the past. But having been your POA will do nothing for her when it comes to proving that you need the limited guardianship in the first place. The burden of proof is high and completely on her. She would need to make a clear and convincing case that your ability to evaluate information effectively and communicate decisions has been impaired to a significant extent. This would require testimony from medical professionals, and you were just evaluated before the Olympics and deemed in good enough shape to travel to Beijing to compete.”

“Where she took home the gold,” Dean pointed out.

“Which will work in her favor,” Ryland agreed. “I do not see how she would be able to prove beyond a preponderance of the evidence that the death of your father impacted your well-being such that you’re no longer able to act on your own behalf. A parent disagreeing with your decisions won’t factor into the judge’s decision. Her case is so weak, I wouldn’t be surprised if he throws her petition out during the first hearing.”

I hit send on a text to Ryland and said, “You should have the scanned copies now.”

“Please give me a moment to look these over.”

I backed out of my parking spot. “Take as long as you need. I’ll just be driving back to my house.”

“I’m already halfway there,” Dean informed me.

It wasn’t long before Ryland said, “I see what your mom is trying to do. She’s going after a limited guardianship over your finances by claiming that you’re being wasteful of your estate and your spending will expose you and your family to want or suffering.”

I snorted. “Other than the expenses related to the house, my spending is practically nothing compared to my mom’s and sister’s. Except for anything related to skating, but those costs are paid by the company, not me personally. And everything goes through my CPA.”

“I’m not sure how she got a medical professional to sign off on you needing a guardian, but I’ll be able to question the veracity of the analysis at the hearing. Seriously, don’t worry. This will be one of my easiest wins.”

His confidence was contagious, and I was much more relaxed by the time I got home. Still super pissed off, though.

After I parked next to Dean’s car, he rushed over to open my door. “I’m so sorry this is happening, princess. I wish there was something I could do.”

“You mean other than getting me a great lawyer?” I asked as he walked hand in hand toward my house.

He chuckled. “Yeah, besides that.”

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