QUESTION
How do I petition for Guardianship of 70 year old mentally ill parent who is going through all her money?
Asked on May 09th, 2013 on Family Law - Oklahoma
More details to this question:
My 70 year old mother is mentally ill without medical care (refuses) and is spending to debt $200k.
6 ANSWERS
Litigation Attorney serving Jackson, MS
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Derek L. Hall, PLLC
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You would need a conservatorship. Hire an attorney who does family law practice and get this done.
Answered on May 14th, 2013 at 6:47 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You have to go to court and ask. You should have a doctor's statement regarding her condition. If none is available, then you will have to have affidavits of others who can talk about her mental condition. I suggest contacting the Idaho State Bar and getting a referral. In a way it is not hard, but making sure all of the I's are dotted and the t's crossed will save you a lot of pain later.
Answered on May 14th, 2013 at 5:35 AM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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You would need to file a Pettion for Guardianship and send notice to all the appropriate relatives including your mother. Your mother will have a chance a contest the Guardianhip.
Answered on May 10th, 2013 at 12:41 PM
You file a petition for guardianship and conservatorship with the local court. Notice must be given to the other interested parties (your siblings, the other parent, etc.). The court will have a hearing. You may want to have a letter or testimony from your mother's physician. If the court determines that your mother cannot handle her own affairs, they can appoint you to take care of her personal affairs and to manage her financial assets. In Utah you will need to take an online test to demonstrate that you understand what actions you can take and what things you cannot do as a guardian and conservator.
Answered on May 10th, 2013 at 12:41 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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With an attorney, will be paid out of the estate if you were granted Guardian/conservatorship in the local probate court.
Answered on May 10th, 2013 at 12:41 PM
Administrative Law Attorney serving Tulsa, OK
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Campbell & Tiger, PLLC
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If you do not have a durable power of attorney or an advanced directive for health care, you will probably have to have a judge declare your mother incompetent and appoint you as her guardian.
Answered on May 10th, 2013 at 12:40 PM