Guardianship And Conservatorship Legal Questions

Please consult a local guardianship attorney.  If your local probate court does not have a list, you might try the Find a Lawyer function on the website of the National Academy of Elder and Special Needs Law attorneys (www.naela.org).  That lawyer can advise you what kind of guardianship your local court is likely to award, what documents you will need to present, how much it is likely to cost and how long it is likely to take.... Read Answer

You do not write whether you want to be paid for caregiving or whether you want to replace the county as guardian/conservator.  These are two separate questions and must be addressed by separate legal documents. The cost of applying for guardianship varies with county filing fees and attorney.  Contact guardianship attorneys in your area.  ... Read Answer

He may be willing, but is he able?  If he has the legal capacity to contract, he can sign a Durable Power of Attorney.  But if he needs you to direct his assets, he probably no longer has this capacity.  You must then become the conservator of his estate.  Contact the local probate court for a list of guardianship attorneys or find an elder lawyer near you using the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read Answer

In many states both parents, acting together, can grant a temporary power of attorney allowing someone to take the child to the doctor, enroll him in school, etc.  This is revocable at will.  Guardianship can only be awarded by a court and usually involves voluntary or involuntary termination of parental rights.  Please see a local family law attorney.... Read Answer

It sounds as though the court gave you good advice even though you may be reluctant to take it.  Your father may have legal capacity to sign a Medical Power of Attorney or even a Will but lack legal capacity to sign a Durable Power of Attorney.   Why do you need this last?  Are you sure that he will outlive the time needed to obtain conservatorship?... Read Answer

If the mother's parental rights were legally terminated, voluntarily or involuntarily, you may be able to become your grandchildren's guardian.  In some states they must have resided with you for six months first. If the mother's parental rights were not legally terminated, voluntarily or involuntarily, she may be willing to sign a special form of power of attorney, revocable at will, which allows the children to live with you and allows you to enroll them in school, take them to the doctor, etc.   Please contact a local family attorney.... Read Answer

Under the law, the surviving biological parent generally would be entitled to legal custody of the children.  The exception to this is if your  current husband can show that the bio dad is an unfit parent, then step dad could Petition for a guardianship.  Under the circumstances you described, it is possible the Court would find it the father is unfit, and that it is in the girls best interest to be with the step parent.  It would be beneficial to make sure you have a Will that indicates your wish for your current husband to be guardian of the children, so the Court has some record to know that is who you trust with your children. Another option would be to have your husband adopt the girls.  You can see if the bio father will voluntarily terminate his rights.  You can point out to him that he will no longer be required to pay child support if he terminates his rights pursuant to an adoption.  His rights can be involuntarily terminated if he fails to pay child support for 12 of the last 14 months, or fails to maintian a meaningful relationship with the children for 12 of the last 14 months and the Court finds it is in the best interest of the children.    ... Read Answer

No one can "get POA over" someone else.  A power of attorney can be granted by the person who wants someone else to also be able to make financial decisions (a Durable Power of Attorney) or to speak for them, communicating their choices, when they cannot communicate (a Medical Power of Attorney).  Neither of these allow the agent under the power of attorney to admit someone to a facility.  If someone lacks legal capacity to provide for their own food, shelter and medical care or to manage their own finances, a court can award a guardianship.  While a guardian of the person can decide where the person lives, this does not extend to involuntary commitment.... Read Answer

You might see whether the attorney is a member of the Special Needs Alliance or the National Academy of Elder Law and Special Needs Attorneys (NAELA).  You might check with the state bar to see whether there have been substantiated grievances (complaints) or disciplinary actions.  You might interview several attorneys and ask them who else they think could handle the matter.  You might ask fellow members of a group dedicated to helping people with your niece's condition and their families who they recommend.... Read Answer

Having violated his fiduciary duty, your husband will likely be removed as guardian of the estate by the probate court. You do not write which court this is.  Abusing, neglecting, defrauding or exploiting a disabled person or someone over 65 is a first degree felony in Texas.  Significant prison time could be imposed.... Read Answer

This does not seem like a guardainship or conservatorship question.  A Guardianship or conservatorship will be issued by the Court for a person who is unable to govern themselves or their own affairs.  It is for disabled adults, or older adults who become disabled as a result of dementia, age, or other medical issues.  ... Read Answer

You should probably file to become your son's guardian.  This will protect him because the Court will make a finding that he is legally incapacitated, and that he cannot make decisions for himself.  If he is still in high school, we can use his IEP and the school psychologist report to obtain guardianship. You can make the guardianship limited, and he can also petition the court to undo the guardianship at a later time if he is able.    PLease feel free to call my office for a free consultation.  ... Read Answer