Guardianship And Conservatorship Legal Questions

In Ohio, the age of majority, or the age at which a person is legally considered an adult, is 18 years old. This means that at 18, individuals gain control over their own actions and affairs and are generally held responsible for their decisions. You're 17 now. Why don't you just wait until you're 18 and at that point you're an adult and can be automatically emancipated.           ... Read More

A power of attorney typically can assist in avoiding the need to seek court involvement regarding guardianship proceedings.  If the proper power of attorney does not exist, then you should meet with an attorney to see if one can be accomplished.  It may be that your sister does have the capacity to execute a power of attorney, however, if she lacks capacity then the court must intervene through a guardianship proceeding.  You will want to discuss the particular situation with an attorney and your goals from the Guardianship proceeding, as it is likely the court will appoint a Guardian-ad-Litem which is an attorney to represent your sister's interests.  ... Read More

In New Jersey, a child becomes an adult at the age of 18, and all parental rights transfer to the child upon reaching this age of majority. Once you're 18, your parents cannot make any legal decisions for you. This includes where you want to live, whether you want to go to school, where you want to work, or who you date. Teenage years can be a very challenging and confusing time. Just know you're not alone in your predicament. Many of us faced these issues when we were your age. Be strong and have faith. A year goes by fast and then things will most likely improve.  Good luck! ... Read More

If your brother gets guardianship, the POA will be extinguished. Yes, as part of the process your brother will have to schedule a hearing and notify your mother of the hearing date, time, and location. You can call your county courts and check if there has been a hearing scheduled yet. Your mother may present her own choice for guardian, or resist guardianship entirely. Whether I can help you or not depends upon where you are in Colorado. I'm in Arapahoe county in the Metro area.... Read More

I'm so sorry that you've been going through this.  In Michigan, the minimum age for emancipation is 16.  However, it's possible that you could petition the court to have a legal guardian and conservator other than your Father.  Do you have any other close family that lives closer to your school than your Grandparents?  Could you consider switching schools to live with them?... Read More

See Section 2112.21 of the Ohio Revised Code for the requirements that must be met in order for an Ohio Court to have jursidiction to establish a guardianship.  If his residence is in fact in Warren County, then that is likely the probate Court that you would need to file with. All in all, you will likely need to get an attorney on board to assist you with the process and sort things out. Best of luck.... Read More

a power of attorney becomes active whenever it provides that it becomes active, usually immediately.  Given your father's state, he may no longer be competent to execute a power of attorney, in which case you would need to start a guardianship proceeding (it may be called somehting diffferent in your state) to become his guardian and handle his affairs.... Read More

Texas uses the term conservatorship.  If the child has resided in California for the last six months, California and not Texas has jurisdiction over a suit involving the child.  You should consult with an attorney licensed to practice in Calfornia. If you want to file in Texas, the child would first need to ive in Texas for six months before the date of filing. Please consult with an attorney about the best approach. You do not state your relationship to the child.  This is for general educational purposes only.... Read More

Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. Since you are saying that your mother has dementia and does not have the mental capacity to sign a Power of Attorney, she would be considered an alleged incapacitated person. An Incapacitated Person (AIP) is someone who needs some help to care for themselves or manage their property or financial affairs. This kind of guardianship case is brought in Supreme Court or County Court under Article 81 of the Mental Hygiene Law. This type of proceeding is brought on by filing an Order to Show Cause and Petition. Generally, it is best if a lawyer handles this kind of guardianship case. You can contact the Supreme Court or County Court in your county for more information. Or you may want to contact an attorney who could handle the matter for you.... Read More

You are only in contempt of court if the court issues an order and you fail to obey it. Anyone acting under a Durable Power of Attorney is authorized to spend your mother's money to pay for her care. Nothing in your description indicates that you did otherwise and would therefore be subject to a lawsuit to recover funds on your mother's behalf.  In addition, if there were such a suit and it were successful, you could save your home by declaring bankruptcy.  The home is exempt in bankruptcy.  ... Read More

Your son may have capacity to sign a Medical Power of Attorney appointing you his agent to speak for him when he is unable to communicate and a HIPAA Medical Information Release Authorization allowing you to access his records but he may also, between episodes, want to sign a Declaration for Mental Health Treatment stating what he does and does not want and directing people to contact you and perhaps other family members and his regular physician(s) if he is again hosipitalized.  When he lacks the legal capacity to sign these, you may need to apply for guardianship.  However, in part because people with a mental illness may present better at the hearing than when the application for guardianship is filed, it can be very difficult to protect someone with a mental illness by putting them under guardianship.... Read More

First, you cannot get a power of attorney over someone.  A competent person has the ability to appoint someone to be his power of attorney.  If Chris is not competent, he cannot appoint a power of attorney. You will need to judge whetherhe is competent.  If he is incompetent, he cannot appoint a power of attorney.  In that case, you would need to apply for guardianship over him. ... Read More

It may or may not be evidence of a lack of legal capacity and a need for a guardian.  Guardianship turns on the inability, due to a mental or physical condition, to manage one's own finances or to provide for one's own food, shelter and medical care.  Take pictures.  Call Adult Protective Services.... Read More

In most states the court will appoint a lawyer to represent you. Even if yours does not, showing that you are able to manage your own finances should defeat your sister's claim that you need a conservator.  If you are having trouble (and even if you are not), appoint someone you trust as your agent under a Durable Power of Attorney.  A court will usualy not appoint a conservator is there is a Durable Power of Attorney in place.  ... Read More

If your uncle has resigned, his daughter, not you, becomes your mother's agent under the financial POA.  You can only supercede that by being appointed guardian by a court. In some states, the health and safety code allows health care providers to accept the word of an only child.  In others, a guardian is required. When you talk with an Illinois guardianship attorney about becoming guardian of your mother's finances, also ask whether it is necessary or advisable for you to become guardian of her person.... Read More