Guardianship And Conservatorship Legal Questions

An application for guardianship of the person and estate, filed by an Approved Guardianship Attorney, must be accompanied by a Physician's Certificate of Medical Examination which shows that the person is no longer mentally capable to provide for his own food, shelter and medical care or manage his own finances. If your father has granted someone a Durable [Financial] Power of Attorney, no guardianship of the estate should be necessary unless that person is robbing him. If the girlfriend is not your father's agent under a Durable Power of Attorney and bank records do not show that she is authorized to sign checks as a convenience or joint signer, alert the bank and see an attorney about possible elder exploitation, forgery and fraud.  You can find a local elder law attorney using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)   Please note that many people under a guardianship still retain legal capacity to make a Will.        ... Read More

Some special needs and elder law attorneys (and some probate attorneys) handle guardianships.  Your state may or may not require additional training.  If it does, you will need an attorney who has received that training and qualified.  Call the Missouri State Bar to ask.  You can then check with 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).  If your son is high functioning and your state has Supported Decision Making Agreements, that may substitute for a guardianship.  Also check to see whether your ex has timely filed an inventory, annual accountings and reports on your son's well being for court auditing.  Based on your description, that seems unlikely and would be grounds for removal.... Read More

While being agent under a Durable Power of Attorney allows you to act on your mother's behalf, it does not take away her right to do whatever she wants with her money.  You may think that she is making bad decisions.  We all make bad decisions.  Unless your mother lacks legal capacity (is under a guardianship), she can do whatever she wants with her money -- which is, after all, HER money.... Read More

Yes --but only for those items which are in the trust.  If everything is in the trust or governed by a DPOA, you should only need conservatorship if there is no successor trustee or DPOA agent -- or if one of them is robbing your mother.  You might want to consult a local elder law attorney using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

If the medical and financial POAs are valid, your only apparent need for a guardianship is to access the trust.  However, your father will not need to be put under guardianship unless he lacks legal capacity to manage his own affairs.    Guardianship proceedings are held in the county where the person resides.  The application is filed by a lawyer who practices there.  The person applying to be guardian must appear before the judge.... Read More

If you granted your grandmother a temporary power of attorney, you can revoke it at will, take the child's birth certificate and get her (perhaps with the help of the police.)  If a court awarded temporary guardianship, you must work through the court.    However, you should inform CPS that the child is in the care of a man (adjudicated sex offender?) who is not allowed to be around children under 18.... Read More

Parents are the natural guardians of their children.  If CPS has not placed your daughter with someone else, take her birth certificate to the police and go get her.  Contact a Family Lawyer.  That someone has filed for "emergency guardianship" does not mean that a judge has awarded it.... Read More

If your brother left a Will leaving her everything, she likely had no duty to notify you or your parents of anything related to probating and settling his estate.   If your brother died without a Will, most states would treat his surviving spouse as the only heir unless he had children from another relationship.  Again, his birth family would not need to be notified.   Contact an Arizona probate lawyer for a more precise answer.... Read More

To contest a guardianship, you must be represented by an Approved Guardianship Attorney.  Check with your local probate court or, if none, the county court at law for a list or search for "Approved Guardianship Attorney" on the State Bar of Texas website (or use the Find a Lawyer function and search for "guardianship" and the name of your county.) You may also want to talk with a lawyer about filing a temporary restraining order (to be followed by a permanent injunction).  But please be aware that while the guardian may be required to use your mother's assets to pay for her care, she may not be required to give her money. Current law requires the guardian to check on the ward four times a year.  Some courts want the guardian to check on the ward every month.    ... 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