Guardianship And Conservatorship Legal Questions

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

You most likely signed a temporary power of attorney.  That must be signed by both parents.  It is revocable at any time.  Send your mother a letter by certified mail, return receipt requested, revoking the temporary power of attorney and demanding the return of your daughter.  Keep a copy of the letter and the mailing notice.  If your mother does not return your daughter, take these and your daughter's birth certificate to the police and charge your mother with unlawful restraint and kidnapping and/or hire a family lawyer to file a habeas corpus (give us the body) in civil court.... Read More

If you and your daughter's mother signed (before a notary public) a Temporary Power of Attorney (revocable at any time) giving your mother the authority to make medical and education decisions for your daughter using the form created by the Texas state legislature, that is one thing.  But awarding actual guardianship, temporary or not, can only be done by a probate court.  Please look carefully at the document which you and your daughter's mother signed -- and note that it must be signed by both parents.... Read More

No. Both parents together can sign a temporary power of attorney, revocable at any time, which allows someone to care for their child. One parent cannot grant someone else temporary custody and control even during that parent's visitation periods.  That court ordered visitation is personal to that parent and cannot be transferred to someone else. Whether the child can be ordered to visit the parent in prison is a question for a family lawyer and may well require new orders from the family court.    ... Read More

The U.S. Supreme Court has ruled that there is no reasonable expectation of privacy in email.  However, if you have recorded the Durable Power of Attorney in the county deed records (needed for it to be effective with regard to real estate in that county), it is no longer private anyway.... Read More

If you were the custodian parent, you likely have priority to be appointed conservator. The court would have no way to know that background. The first question is: does your son need a conservatorship? Some kids on the autism spectrum need only a conservator of the estate, so they're not exploited. Others need full conservatorship. If your son can function at a middle school level, he may or may not need a conservatorship. If he's non-verbal, non-social, he probably needs a conservatorship. In particular, if he's not able to communicate well with doctors, you will need a conservatorship in order to have the right to direct his medical care. You need to immediately file a response to your husband's filing. You can either cross-file a petition for conservatorship, asking that you be appointed conservator. Or you can file a response that states you do not believe your son needs a conservator. Time is of the essence here, and you will really need an attorney for this.... Read More

The public guardian can only handle your mother's finances if they obtained conservatorship of her estate. When they filed for the conservatorship, they would, by law, have sent a notice to your last known address, notifying you that they were filing and informing you of the date of the hearing. That was your opportunity to object. There should be an accounting every year. That will be another opportunity for you to review what they have been doing and file any appropriate objections. The conservatorship trumps your power of attorney.... Read More

Please post your question under family law:  it will probably be necessary for the mother to (voluntarily) and the father to (involuntarily?) terminate their parental rights.  After caring for your niece for six months, you may be able to seek legal custody.  This may be less expensive than seeking guardianship.  Note that in many areas Lawyers Referral Service offers a program for people of modest means who do not qualify for free representation by Volunteer Legal Services.... Read More

Search  for "Approved Guardianship Attorneys" on the website of the State Bar of Texas.  Keep in mind that many practice in counties near that in which they are registered.  A guardianship application can only be filed by an Approved Guardianship Attorney. You will need to submit a Physician's Certificate of Medical Examination (which you can download from the Travis County Probate Court website), do a one hour online training course and submit to a criminal background check.... Read More

You need to have your brother fill out and sign a durable general power of attorney form before a notary public appointing you his attorney in fact IMMEDIATELY. This power can only be given when a person is alive and mentally competent and capable of designating someone to act on their behalf and dissipate their assets. Once you are appointed, as POA you must keep good records and ensure that his money is used only for his benefit or as he otherwise specifically designates. Although the POA will be in effect for his entire life until he revokes it, even if your brother becomes unable to communicate or make decisions, it must be signed while he is still capable of making such decisions. If he becomes incompetent to make decisions before a POA is signed, you CANNOT become his attorney in fact, and you must file a petition in court to be appointed guardian to act on his behalf. In such situation, you must have a doctor willing to sign an affidavit that your brother is not mentally competent.... Read More

I'm sorry, but "life partner" is a status that has no legal weight. That's why you received no notice of the conservatorship petition -- you're not a spouse, registered domestic partner, or other legally-recognized relationship. You say you "sent him" to Mather VA hospital. If you were visiting frequently, the nursing staff should have known of your involvement, and should have been able to relay that to the public guardian. Why will you lose the house, car, etc.? If you will lose that because you won't have your partner's income, there is nothing a lawyer can do to help with that. If he's in a nursing home or veterans' hospital, all his income is required to go to that facility. If you were a spouse or registered domestic partner, that would be steps that could be taken to help you keep some of his income while he's alive. Ultimately, once he passes you will be on your own anyway, so you should probably begin figuring out ways you can increase your own income, whether from working or from public benefits you might be eligible for. If you're concerned about your partner's care, and feel that he really doesn't need to be in a nursing facility, and that you could perfectly well care for him at home, you could file your own petition to be substituted as guardian. Your powers of attorney should have weight in that petition, as showing what his desires were when he was fully competent. Since he's currently in a care facility, you would have to provide convincing evidence that you have the physical and financial ability to care for him at home.... Read More

If your sister is mentally ill, then she may not be capable of executing a valid power of attorney at all.  If that's the case, then your recourse is to file a petition to have her adjudicated an incapacitated person and have yourself appointed as her guaridan.  If you are successful, the fees/costs of the proceeding would be paid from your sister's assets. ... Read More

Neither the trustee nor other family members are liable for costs of care. Medicad should be available for nursing home costs when private funds run out. But trustee would be wise to move mom into a nursing facility while there are still private funds to pay for several months. It can be hard to get into a facility otherwise.... Read More

Contested guardianships can be complicated matters.  Typically, witnesses must be present at the court hearing so that the other parties to the case can cross examine those persons.  There are rules that need to be followed to prepare for the hearing, present documents, and present witnesses.  Some of these rules might have been put in one of the court orders that was sent out in your case.   You would benefit from an initial consult with an attorney who handles contested guardianships.  If you come prepared with the documents you want to use, a list of witness you want to call at court, and an outline of the information you want to give to the Judge, that attorney could give you a more detailed review and instructions on what you have to do to be ready for your case.  This could be done on a consult basis, which may be more affordable than full representation.   Marie Zawtocki, Zawtocki Law Offices PLLC    ... Read More