Guardianship And Conservatorship Legal Questions

You can always apply for Guardianship, if your mother does not have capacity, or a conservatorship, if she still does have capacity.  You will be able to get your own information about medical issues, and regulate visitation.  The first step is the evaluation and determination if your mother still has capacity.  If your siblings refuse to allow that evaluation, you can get a Court Order requiring same. ... Read More

This inquiry begs many more questions. You filed a petition for guardianship and lost, but after that, what prevented you from visiting your son over the past year?  A court order? Who IS your son's guardian, and where is your son residing? What communication have you had with your son and his guardian- does your son want to see you? Need much more information. ... Read More

I'm sorry to hear of your mother's unfortunate accident.  The process begins by filing a petition to appoint a guardian of your mother.  You'll need to produce medical evidence of her incapacity, which I assume in your situation won't be a problem.  I would strongly recommend that you retain counsel to assist you.  If you are successful, your can be reimbursed for your attorneys fees from your mother's assets.... Read More

I always try solutions that are easiest and quickest for a solution. If your concern is that the guardian isn't doing right by your friend, I think the first step is to contact the guardian and see if you can't nicely convince them to make some changes.  If the guardian is subject to any type of oversight, either by an employer, or the court (and usually the court is involved) you could bring your concerns to the attention of someone else if your direct contact with the guardian fails.  The last resort would be to petition the court to remove the guardian and replace with you.  You'd have to prove the the guardian wasn't doing their job and that you're a better fit for the job than another professional guardian.  The legal proceeding will be costly (expect no less than $5,000 and very likely more) and you'll have to pay that from your pocket.  If you are successful you may be able to recover that money from your friend's assets, if there are any. ... Read More

You will definitely need to seek a guardianship in FL. Emergency temporary guardianships can be gotten fairly quickly, but guardianships are usually fairly expensive. This cost can depend somewhat upon on the county of residence. It may be more difficult to have you named as an out of state guardian. A bond may be required.... Read More

This is a common mistake to name a minor as a beneficiary of any account.  Unfortunately, you'll need to file a peitition with the local court to have a guardian appointed.  Sadly you won't be able to be the guardian. Law prohibits that.  Someone else will have to be named or at least co-guardian with you.  I can't tell you how to file the petition in this QA forum.  Your best bet is to retain counsel to get this done quickly and correctly. ... Read More

I have 40 years of experience. I have managed the transfer of duties from one state to another. This requires approval from the sending judge to the Colorado judge. The cost depends on the size of the estate to be managed. I charge $175/hour. We can discuss the initial retainer if you desire to cal. Call 303-409-702. This is not legal advise, as I do not have sufficient information and you have not retained this office by this response.... Read More

It is not difficult to add a guardian, it is just time consuming.  You need to file a petition with the Court to add a guardian, making it a co-guardianship, and the court will probably appoint a court appointed attorney to represent the disabled person.  You will need to do this in the county in which you live.    ... Read More

The father has standing to seek a modification of the custody order b/t he and mom if there's a danger to the kids due to mom's choice of mate.  Is father involved?  If not, as a uncle or aunt you probably have no standing.  You might consider calling in your concern with your county children and youth agency.  You might also all the lawyer referral service in your county for a referral.  The 16th is coming up very fast -- not much time for someone to get involved and up to speed to be an effective advocate for you. ... Read More

Hi Katie.  I don't think question can easily be answered in the forum.  Guardians are typically appointed by the court after presentation and consideration of a petition filed by someone who has an interest in the person.  That process is generally not something you can do on your own.  I encourage you to contact a local attorney, share the details of your situation and get some specific advice. ... Read More

I agree that it sounds like you may need a conservatorship, at least of your father's estate. This would give you court-ordered legal authority over your father's finances, and make it clear that your son does not have that authority. Contact an elder law attorney in your local area to help you with this filing.... Read More