Kansas Guardianship And Conservatorship Legal Questions

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

No one on this listserv can answer the question.  Your documents may be fine.  They may be a mess.  You also are not asking a lawyer to look them over but to tell you what changes, if any, need to be made and, likely, to make them.  In addition, prices vary with lawyer and with locale.... Read More

If your mother cashed out the policy as you write, there is no policy to cancel.   If there is a policy but your mother's dementia is too advanced for her to make changes, her Durable Power of Attorney, if any, may or may not give the person she named as her agent power to change the beneficiary.  If there is no Durable Power of Attorney, placing her under a guardianship would not necessarily give the guardian/conservator power to make that change.  They may need a court order based, in part, on the records from the earlier trial. If there is a policy, the name of the insurance company may appear in the court records.  There are also services which will search up to 1,500 life insurnace companies -- for a fee.  You may want to investigate a little more first.      ... Read More

Guardianships can be transferred from one state to another.  In Texas you will need to hire an Approved Guardianship Attorney and to register the guardianship, take a one hour online training and submit to a criminal background check.  You can find a list of Approved Guardianship Attorneys by searching that term on the State Bar of Texas website or contacting the probate court (or county court of law) in the county to which the guardianship will be transferred.  Keep in mind that many Approved Guardianship Attorneys practice in counties near the one in which they are registered.... Read More