Guardianship And Conservatorship Legal Questions

You need EITHER two witnesses OR a notary. If the person is already in a skilled nursing facility when they're signing the document, the ombudsman from the facility also needs to sign. If there is a valid healthcare power of attorney, you can make all decisions when your husband cannot make them himself. Your husband always has the right to make his own decisions if he's able to. ... Read More

I don't understand how the middle initial would impact the guardianship.  May be there are facts you did not include in the question.  If there is any problem with or without the middle initial that can be addressed in the court documents.  You need to contact an elder law attorney to help you with all of these issues, and get one in the county in which you live so the person can come to your house and help you.  If you are in Ocean or Monmouth counties, please give me a call. ... Read More

Attorney fees vary. You're probably looking in the range of $2500-3500. There is also a court fee of $435, but many parents of disabled children are able to get that waived. I know that probably sounds like a lot, but it's actually a fairly complex procedure, requiring a minimum of one physical court appearance. You mention "children". It's likely that an attorney might give you a bundled price if more than one conservatorship is done at the same time. Also, some of us offer monthly payments, which could also help.... Read More

You can file a motion to open the case and remove her as the guardian.  You can ask to be appointed as the guardian instead and cite the reasons why she should not be allowed to conitnue to serve.  The paperwork for the guardianship is a public document and you can get it form the court in the county in which the guardianship was completed, most likely whereyour brother lives.  ... Read More

Did you get guardianship through a probate court? If not, you should file in probate court to get a real judicial guardianship. As you see, a power of attorney doesn't carry much weight. If a judge decides who is guardian of her person and her estate, no one can change that without going to court. ... Read More

Your DPOA only relates to financial matters. It does not give you power to move your husband if he is not competent to make his own decisions. I know it's very frustrating that conservatorships take so very long. It puts everyone's lives on hold. Unfortunately, our courts are very short-staffed. They're doing the best they can. I strongly urge you not to move your husband out of state without permission from the Public Guardian's office or the court.... Read More

If she obtained guardianship over you there has to be a finding that you were legally incapacitated, meaning that you wer eunable to govern yourself and your own affairs.  The guardianship application would have included two doctors reports that said you lacked capacity to manage your own affairs.  In order to get out from under that, you can do an application called a "return to capacity".  You will need to get doctors reports that say you do have capacity and you can mamange your self and your own affairs.  Start with getting copies of the guardianship papers.  If your mom won't give them to you, go to the county courthouse of the county in which you live and get copies for yourself.  The documents are public and are recorded and kept at the court house.  Look at the reports that were included with the complaint.  If you currently see a doctor, talk to that doctor about the capacity issue and ask if he/she would be willing to write a report that you do not lack capacity.  This is not an easy thing to do, but its also not impossible.  You should probably speak to a lawyer about helpgin you with this.  If you live in Monmouth or Ocean County feel free to call my office.... Read More

What a difficult situation! I'm so sorry your mother is going through this. The problems seem to be caused by your mother's husband, not your mother.  You paint a very vivid picture of a dangerous and stressful environment. But you don't explain why your mother puts up with this. Since she still works, I would have to assume she has full mental capacity.  So I would have some questions: (1) How long have they been married? (2) Whose name is the home in? (3) Does the husband work? If no, does he have other income? (4) Is this a fairly new problem, or has it been going on for years, and possibly just gotten worse recently? Does the husband have family? Are they aware of the situation? It sounds like the husband should be removed from the home for your mother's safety and probably his own. But then where would he go? And how would your mother feel about that? I would say that you are at one of the crossovers between family law and estate/trust law. Trying to force your mother to live without plumbing is abusive. Domestic abuse is real, and doesn't stop when people get older. On the other hand, the husband may have dementia, which moves into the estate/trust area, with the possibility of putting him under conservatorship. Could your mother stay in her home without the husband's income? If not, do you have alternate housing ideas she would agree to?... Read More

You need to file a petition to terminate temporary guardianship.  You file it in the probate court in the county where you filed the original action.  The judge will then transfer the case over to the juvenile court where that court will decide if your child will be coming back to stay with you.  It is a “best interests of the child” standard.... Read More

How much does a car cost?  Well, it all depends on lots of things.  First, are you hiring a lawyer, or are you merely intersted int eh filing fees at the courthouse?  Second, do all the heirs agree on the guaridnaship or is there discontent among the heirs.  Does the propsoed ward know a guardinaship is being considered, and how does s/he feel about it?   The filing fees at the courthouse will run around $500.  A lawyer can help in an uncontested matter for probalby around $1,500.  Contested guardianships can run into the tens of thousands of dollars.... Read More