Guardianship And Conservatorship Legal Questions

It is not clear whether you are a minor or an adult.  If you are a minor, you probably need the help of a family law attorney.  If you are an adult, in many states you can write to the court directly stating that you no longer need a guardian and asking to have the guardian removed.... Read More

The agent under a Medical Power of Attorney, not the agent under a Durable [Financial] Power of Attorney has the authority to admit the person granting the POA to a facility.  Facilities often ignore this either because they do not know the law or because they know the DPOA agent has access to funds to pay them.  Moreover, other than a guardian of the person, no one but your sister-in-law has the right to say where she lives.  She can leave at will. Her husband would have priority both in making medical decisions for her in the absence of a Medical Power of Attorney and in applying for guardianship.   Whether your sister-in-law can receive adequate hospice care at home is another question.  There are four levels of hospice.  Not every company provides all four.  Your brother might want to investigate this before arguing that she should be allowed to die at home.  ... Read More

I assume the person with the $150,000 has already died.   If not, it would be better to change the estate plan to set up a trust for your granddaughter.   Your daughter would need to file for a guardianship of the property, with total cost of about $2500.   The child's father would have an equal right to be guardian, which could, depending upon the situation, be an issue.  ... Read More

Someone under a guardianship can write to the court asking to have their rights restored.  The court will appoint an attorney (called a guardian ad litem) to investigate. A person under guardianship does not have to sign anything agreeing to be under guardianship.  A guardianship is imposed by the court.  ... Read More

You should be represent by an attorney.  While the physician may sign a Physician's Certificate of Medical Examinaiton, this is not sufficient.  Guardianship is a court proceeding in which your brother should also be represented by an attorney:  it takes away some of his rights.  This is definitely not a DIY project, nor is administering the guardianship estate.... Read More

If your father has legal capacity to contract, he can sign a Durable [Financial] Power of Attorney.  With a lower legal capacity, he can sign a Medical Power of Attorney.  If he has a lower level of legal capacity, you may need to apply to the court for a conservatorship of his estate or a guardianship of his person.  Note that his spouse has priority.  You may want to consult a local elder lawyer, using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

A non-parent is not required to pay child support.   There are exceptions when a biological parent (which your son is not) agrees to allow a child to be adopted or when a biological parent (which your son is not) did not raise the child but is later found to be the biological parent.... Read More