Guardianship And Conservatorship Legal Questions

In most states the adult can write a letter to the court asking the court to modify the guardianship.  The court will then appoint an attorney, sometimes called a guardian ad litem, to look into the matter.  Contact the court which awarded the guardianship to find out the procedure in your locale.... Read More

An exspouse has no legal authority unless the wife named him agent under a Medical Power of Attoney with that agency to survive the divorce.  It is not true that she has no other relatives, though they may be distant and unknown to you.  In some states, at some point either clergy or the hospital ethics committee could speak for her.  Contact a local elder law attorney to determine what Florida law provides.  You might use the Find a Lawyer function on he website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

Your father is your natural guardian.  In most states he can sign a special power of attorney allowing you to live with your grandmother, allowing her to take you to the doctor and enroll you in school.  He can revoke it whenever he likes.  In many states you can become emancipated (freed from his natural guardianship) when you are 17 if you are self-supporting and living separately.  The Lambda office in your area may have other suggestions.... Read More

In most states you can object to a guardianship without a lawyer but need a lawyer to apply to become guardian yourself. You can "answer" the application for guardianship by writing a letter to the court.  Include the information that you are trying to secure legal representation but could not get an appointment before the hearing date and ask that it be continued (postponed).... Read More

You will need to be represented by a local attorney experienced in guardianship.  You can find a list on the website of the Special Needs Alliance or use the Find a Lawyer function on the website of the National Academy of Elder and Special Needs Law Attorneys (www.naela.org).  Your county court or state bar might also have a list.... Read More

If your adult daughter appoints you as her agent under a durable power of attorney, that does not take away her right to spend her money as she likes.  It only allows you, as agent, to also act and, in many states, requires you to report to her and sometimes to others. If she receives SSI, you might want to ask a physician to complete a form making you her representative payee. If she is a vet, you might want to look into becoming her VA fiduciary. You may also want to talk with Adult Protective Services or an elder and special needs attorney about possibilities in your state.   You can use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

Consult with a local guardianship attorney about applying for guardianship.  It may be awarded if your daughter is unable to provide for her food, shelter or medical care, allowing the guardian, in some states, to consent to medication and to bring her to a psychiatric facility for an evaluation -- but not to admit her against her will.... Read More

You do not say whether there was a termination of parental rights.  If not, you may be able to recover custody of your children.  Contact a local family lawyer.  You may be able to get free representation through Volunteer Legal Services or reduced cost representation through the modest means program of Lawyer Referral Services in your area.... Read More

State law and the language of the trust instrument determine what information a trustee must share when and under what circumstances a trustee must or may make a distribution.  Your son has absolutely no right under the laws of any state to "access his trust fund."   The money belongs to the trust, not to him.  He may request a distribution but the trustee may not be obligated to make one.  This confusion of the trust's money, and the trustee's right and obligation to control it, with the beneficiary's money is all too common.  ... Read More

A guardianship can only be awarded by a court.  What some people call a notarized guardianship paper is actually a power of attorney authorizing someone to enroll a child in school, take them to a doctor, etc.  It is revokable at will.  If the person does not release your child, take the birth certificate and go to the house with the police.... Read More