QUESTION

Do I need a lawyer in the US in order to retrieve a relative from the US?

Asked on Mar 20th, 2013 on Family Law - California
More details to this question:
I don't live in the United States, nor am i a citizen thereof. My aunt (mother's sister) lives in the US (resident), but has now Alzheimer's and has no other relatives in America. I was wondering what legal pitfalls I should avoid in order to bring her back home without a hassle. Due to her sickness, she might not be able to consent, but we want to take care of here here.
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1 ANSWER

Estate Planning Attorney serving San Clemente, CA
1 Award
You need to hire an attorney to establish guardianship or a conservatorship over your aunt. You risk a lot by simply showing up and attempting to fly her out of the country. Obviously, someone has to complain for that to be a problem, but it could be as simple as her making a comment at the airport that she's being kidnapped or that she doesn't want to go and you could face civil and criminal penalties. You need an estate planning attorney as they generally are able to establish conservatorship and/or guardianships in cases such as this. If you need a referral, use this website or call the county bar association in the county where she lives - they can give you pre-screened referrals to an attorney who can assist you. David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiagibbslaw.com  *Due to the limitations of the Lawyers.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."
Answered on Mar 27th, 2013 at 4:54 PM

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