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489 legal questions have been posted about guardianship and conservatorship by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Guardianship And Conservatorship Questions & Legal Answers - Page 10
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Recent Legal Answers

Dad is in a cona & before he went into it we were getting ready to get the powee of attorney then he became unresponsive on a monday when he was fine

Answered 6 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Only if he signed a HIPAA.  After he passes, the executor of his Will or administrator of his estate will have access to his records.
Only if he signed a HIPAA.  After he passes, the executor of his Will or administrator of his estate will have access to his records.

My son has psychotic episodes when he is not on his prescribed meds. He has been in and out of hospitals and jails for 20 years. He is 37. what to do

Answered 6 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
You can seek guardianship.  But this will give you the right to consent to treatment, not the physical ability to make him swallow his meds.  Some locations have outpatient programs for "frequent flyers."  You may want to consult a local guardianship attorney.
You can seek guardianship.  But this will give you the right to consent to treatment, not the physical ability to make him swallow his... Read More

What happens if I do not sign the Guardianship & Conservatorship documents?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
If you do not sign, you will receive notice of the hearing. You might want to contact the applicant and/or look at the court record for more information on why an application was filed.
If you do not sign, you will receive notice of the hearing. You might want to contact the applicant and/or look at the court record for more... Read More

guardianship for immigrant kids

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Most states have a document, often called a Temporary Power of Attorney, by which both parents can appoint someone else to take children to the doctor, enroll them in school, etc. A different form must be signed by both parents giving consent for the children to leave the country.  They must also have passports and visas, plane tickets and an arrangement with the airline for unaccompanied minors. Talk to a local family law attorney.  If you cannot afford an attorney, contact Volunteer Legal Services.... Read More
Most states have a document, often called a Temporary Power of Attorney, by which both parents can appoint someone else to take children to the... Read More

Do legal guardians get income for the child?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Ask the people with whom you are living to have the guardianship transferred.
Ask the people with whom you are living to have the guardianship transferred.

my father is 89, has dementia and his spouse is physically and verbally abusive how can I have her evaluated and removed from his care?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
You may want to report the abuse, particularly the physical abuse, to Adult Protective Services.  However, please note that your father may deny that he is being abused:  he is dependent on her for care. You may also want to consult with an elder lawyer.  You can locate one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)  ... Read More
You may want to report the abuse, particularly the physical abuse, to Adult Protective Services.  However, please note that your father may deny... Read More

How do I get power of attorney for my incapacitated mother?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Your mother can only grant you a Medical or Durable [Financial] Power of Attorney if she has legal capacity to do so.  She may have legal capacity to grant a Medical Power of Attorney, allowing you to be her voice with regard to medical care to the extent that this is not trumped by her decision to enter hospice care, but not the legal capacity to grant a Durable [Financial] Power of Attorney, allowing you to access her finances.  Elder lawyers do make "house calls."  You can locate one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More
Your mother can only grant you a Medical or Durable [Financial] Power of Attorney if she has legal capacity to do so.  She may have legal... Read More

How do you become a Guardian Ad Lithium?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
A guardian ad litem is someone, often a lawyer or a social worker, appointed by the court to protect the interests of someone involved in litigation, often a child or a legally incapacitated person.  If you have reason to think that you may be qualified to act in this capacity and would like a court to consider appointing you, contact the court.  Courts often have special training requirements and may require a resume showing your education and experience.... Read More
A guardian ad litem is someone, often a lawyer or a social worker, appointed by the court to protect the interests of someone involved in litigation,... Read More

Can we get out of being guardian of our granddaughter

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
While both parents (not just one) can sign a Temporary Power of Attorney allowing someone to take the child to the doctor, register her for school, etc., just because they grant authority does not mean that someone else has to accept it.  You never needed to accept it.  Please think carefully about how you can end taking care of your granddaughter in a way which will hurt her the least.... Read More
While both parents (not just one) can sign a Temporary Power of Attorney allowing someone to take the child to the doctor, register her for school,... Read More

Do I just let the court know my name is changing or do I have to go through the whole process again?

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Provide evidence of the name change and request letters of guardianship which show it.
Provide evidence of the name change and request letters of guardianship which show it.

I currently have a court appointed guardian in the state of Michigan who has refused to allow me copy of my medical insurance cards .

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Write to the court.
Write to the court.

Can a poa be taken away from a person doing harm to parent what do I need to do to fight to change poa

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Your mother can revoke the POA, record the revocation in the county deed records and present the revocation everywhere the POA has been or might be used.  Other people can rely on the old POA if they do not know that it has been revoked. Note that a Durable POA is used for finances and a Medical POA for medical care.... Read More
Your mother can revoke the POA, record the revocation in the county deed records and present the revocation everywhere the POA has been or might be... Read More

How does one change guardian?

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Find a local guardianship attorney and see whether the court considers the niece unsuitable.
Find a local guardianship attorney and see whether the court considers the niece unsuitable.

Emergency petition for guardianship

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Hire a Florida guardianship attorney and file an application.
Hire a Florida guardianship attorney and file an application.

My dad passed away but claimed me on his taxes due to my disability. He was in the military, My mom kicked me out. Do I have any legal action to take

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Sounds like you are stuck.  See whether you qualify for other public or private benefits while awaiting SSI.
Sounds like you are stuck.  See whether you qualify for other public or private benefits while awaiting SSI.

How can I get guardianship over a child?

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
You could apply anytime after he had spent six months in your care.  You will have to have both parents' parental rights terminated.
You could apply anytime after he had spent six months in your care.  You will have to have both parents' parental rights terminated.

My husband has deminita; & has gone missing during the middle of the night. The Dr has suggested that I get something that says I have the right to ma

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Ask your local probate or county court for a list of guardianship attorneys who practice in your area.
Ask your local probate or county court for a list of guardianship attorneys who practice in your area.

My son’s dad died. He owned a business. Will I need to file for guardianship of my son’s estate since it will become his.

Answered 6 years and 2 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Guardianship And Conservatorship
Ultimately, you will need a conservatorship if your son is a minor.  However, the more pressing issue is that you need to get his father's estate openin a probate court.  To do that, you will go the probate court in the county where the father lived. You will need to file a petition to appoint administrator. It sounds like you may need to retain a lawyer to assist you with this matter as it can be tricky.... Read More
Ultimately, you will need a conservatorship if your son is a minor.  However, the more pressing issue is that you need to get his father's... Read More

What are the hourly fees for a court appointed GAL for guardianship and who pays them ?

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
The amount varies by county.  The estate of the person under guardianship pays the fees.  If the person has no money, the county pays out of tax revenues.
The amount varies by county.  The estate of the person under guardianship pays the fees.  If the person has no money, the county pays out... Read More

Doea next of kin only apply when the person dies and his assets what about his medical records.

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
It appears that your brother is not in a condition to appoint anyone his agent under a Medical Power of Attorney and that there is not time to apply to become his guardian.  Contact a local elder law attorney to learn whether Arizona has a statute which would allow next of kin to act in this situation.  You can find one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More
It appears that your brother is not in a condition to appoint anyone his agent under a Medical Power of Attorney and that there is not time to apply... Read More

My father died when I was 10 leaving me his entire estate and a 72 chevelle which my mother sold saying my drunk uncle would have stripped it. I arg

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
No.  Even at 18 it would have been too late for you to act.
No.  Even at 18 it would have been too late for you to act.

Is it legal for a guardian to deny any emergency healthcare and/or mental healthcare treatment?

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
It is not legal for anyone to deny emergency healthcare treatment.  Write to the court which awarded the guardianship and ask to have the guardian removed.
It is not legal for anyone to deny emergency healthcare treatment.  Write to the court which awarded the guardianship and ask to have the... Read More

My dad was picked up from our house by aPS and I have not been told why or received anything stating why

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Ask for more information and contact an elder law attorney familiar with APS in your state.  You might want to use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
Ask for more information and contact an elder law attorney familiar with APS in your state.  You might want to use the Find a Lawyer function on... Read More

what if we are capable to handle our affairs but want to establish a relationship for guardians/conservators before they are needed?

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
If you have a valid Medical Power of Attorney and a valid Durable Power of Attorney, you may never need a guardian.  But, just in case, many states allow you a sign a Declaration of Guardian in Case of Need naming who you want and, in some states, who you do not want.  Check with a local elder lawyer.  You can use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More
If you have a valid Medical Power of Attorney and a valid Durable Power of Attorney, you may never need a guardian.  But, just in case, many... Read More

Can a lawyer execute a will for someone who was declared incompetent and placed under guardianship by the state of Pennsylvania?

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
A court, not your uncle, has the power to put someone under guardianship. If you think the lawyer erred in finding your father-in-law competent to sign a Will, ask a physician to examine him.  Note that the physician may find he cannot do so now but it may be difficult to determine whether he could have done so when he signed.  ... Read More
A court, not your uncle, has the power to put someone under guardianship. If you think the lawyer erred in finding your father-in-law competent to... Read More
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