QUESTION
Do I qualify for guardianship or power of attorney?
Asked on Oct 21st, 2013 on Family Law - Wisconsin
More details to this question:
I'm trying to help someone who is elderly with her affairs. She is currently in a nursing home, and has no way of looking into her personal affairs, because she has no family. She has asked me to assist her. However, since she has no family and we are not related most of the business, that she has dealings with, will not speak with me about her affairs, unless I get a court order which I understand. Because of my personal situation being on disability, could I still qualify as a guardian for her, or what others means would I qualify as without bringing my personal business to the court?
5 ANSWERS
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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Yes, you can seek guardianship of her. The court will appoint someone to investigate and confirm the need for guardianship and that you are a suitable person.
Answered on Oct 23rd, 2013 at 2:35 PM
Bruce Provda
You can file a petition for guardianship, or if she is competent she can give you a power of attorney over her affairs.
Answered on Oct 22nd, 2013 at 1:14 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If no one contests your being the guardian and conservator, it should be an easy process being named guardian, particularly if your friend agrees. Of course, it may be easier getting a durable power of attorney if your friend is mentally competent.
Answered on Oct 22nd, 2013 at 1:07 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney to have you appointed guardian or conservator, or to draft for the person whom you are assisting a durable power of attorney if she is still mentally competent. This should not be difficult or expensive if she agrees.
Answered on Oct 22nd, 2013 at 11:13 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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If she is competent, she could give you power of attorney over her finances to help her. If she isn't competent, then the court would have to appoint someone and you could file for guardianship.
Answered on Oct 22nd, 2013 at 10:09 AM