Guardianship And Conservatorship Legal Questions

A guardian of the person is not a guardian of the property.  A guardian of the property is known in Georgia as a Conservator.  These people have to be appointed by the probate court in the county where the child resides.  The person has to meet strict financial requirements so that the Court will know that the person can be trusted with the child's money.... Read More

Your posting indicates several legal issues.  If your son received a settlement while under 18 it is very likely that the Court and insurance company required it be held in a conservatorship.  You should have had legal notice of this at the time.  There may be a court record.  The Maricopa County judges are quite strict about these funds being maintained for the child when he turns 18.  There are some occassions where the court may have required it be held past 18. Your son will be able to bring a claim if this was not handled properly by his mother.  If the underlying claim was not fully settled in regard to the dog bite, he may still be able to pursue funds in a personal settlement action with the HOA or dog owner.  This sometimes happens with children's cases because the full extent of injuries and scarring may not be able to be addressed until the child is older.  It is also possible that you have a claim through family court.  This will depend on whether the matters above were addressed in family court documentation and orders.  There are some strict timelines that apply.  As your son turned 18 in April, you both are encouraged to get a consult immediately.  Our firm handles family, conservatorship, and civil litigation matters.  We have assisted with a number of dog bite cases, including when a child emancipates and has the opportunity to excercise further rights.  At an initial consult we can get more detailed information.  Marie Zawtocki, Attorney  Zawtocki Law Offices, PLLC 480-655-0733... Read More

How close are you to turning 18?  Are you still living at home?  Can you get your parents consent to move out to the other house?  If you are close to turning 18 - within a few months, it makes no sense to try and file an emancipation.  The process will take some time, and will be costly for you.  you should continue to go to school, and try moving to the other person's house with your mother's consent.  Good luck. ... Read More

I think that based solely on what you have said that you are not at risk of losing the children solely because you have a prior conviction - but there is more information that would help an attorney answer your questions.  What is the nature of your felony conviction? Is it the only conviction? Have you had any probation violations? Are you employed? Have you ever been charged with an offense relating to child endangerment, sexual abuse or neglect? Do the parents agree to the guardianship? ... Read More

You can care for the child in most respects with the consent of the legal guardian with a caregiver affidavit. However, if the guardian wishes to have the child returned, you will have no legal recourse without a formal probate guardianship.  Under California law, the guardian is free to permit the child to reside with an out of state family.  I cannot speak to Idaho's laws in this area.  However, if he was sent away to evade a legal issue, that will in nearly all cases end poorly and you should consult with an attorney (assuming a criminal defense attorney) in the county where the case is pending.  Finally, I am not suggesting that he become a ward of the state, but if he were to become a ward of the state and placed in a foster home there would be substantial assistance available to him once he reaches the age of 18 that will otherwise not be available.  This includes assistance with medical care and education. Best of luck.   ... Read More

If your sister was your brother's legal guardian, in New Jersey, then it cannot be "transferred" to aonther person.  another application would have to be made to the court to have a new guardian appointed if your sister is no longer able to serve.  You can obtain a copy of your mother's death certificate yourself, as her child you are entitled to call or write the Vital Statistics office in the county/town in which your mother lived and get a copy directly from that office.... Read More

Assuming your daughter is handicapped beyond her ability to make rational decisions, then she cannot issue you a power of attorney.  You should see your local probate court about establishing a guardianship.  You are fortunate to have made it to your daughter's 42nd birthday without the need for a guardianship. You may qualify for help from your local legal aid office.  If I knew where you lived, I could refer you to an agency that could assist you with obtaining a guardianship.... Read More

You could have the mother sign over legal rights to the child and give you the authority to be legal guardian. It would involve the mother almost severing her legal rights.  I am sure there are documents that you could find on line provided the mother is cooperative.  After the child turns age 18 all of that would be irrelevant.  You could also do a legal adoption even if the child is over age 18.... Read More

You cannot file it yourself.  It is the unauthorized practice law to attempt to do so since you are representing your son's estate rather than yourself.  In addition, there are many requirements for getting a guardianship that you would not know without being an attorney or having an attorney.  I highly recommend you hire an attorney. Sincerley, Kevin Spencer (214) 965-9999... Read More

You should not have to "re-do" the guardianship as long as it is on-going and has been kept current.  The fact that you are asking makes me think that the latter has not happened.  When your son turned 18 years old, the previous guardianship would have terminated, unless you filed an Application with a Report of the Well-Being of the Ward indicating that it should continue and specifically order that same is continued.  If you did not get the latter, then the previous guardianship would have termianted and there would have been a "wrap-up" of the previous guardianship and it would have ended.  If the latter happened, then YES - you would need start over and open a new guardianship over the person of your adult son.  There is really no other option. Sincerely, Kevin Spencer (214) 965-9999 www.spencerlawpc.com ... Read More

The United States courts will decide if you do not write a will appointing a guardian.  You hvae the right to choose who you want, and if you don't anyone who is related can apply to the court, and if they cannot agree, they can all argue with each other.  It is much easier on everyone if you and your spouse write a will and choose someone.  ... Read More

You will either have to petition the court to have a new guardian appointed, or claim that you have gained capacity.  If you want to try to go without a guardian, you will need to provide medical evidence, like a doctor's letter, that says you are competent and able to govern yourself.  It might be easier to ask someone else to serve as guardian. Good luck.  ... Read More

Yes, of course, an attorney can be a guardian of an estate in Texas.  All guardianships require a bond and guardianship of an estate requires a bond sufficient to cover and protect all liquid (non-real estate) assets of the Ward, plus income for a year.  If the appointed guardian cannot qualify for a bond of that size, then he or she cannot serve.  If they can, on the other hand, then absent a statutory disqualification, anyone can serve as a guardian of an estate.  Being able to qualify for the bond is a pre-requisite to qualifying as the guardian of an estate. The appointed guardian is duty-bound to act in accordance with his or her fiduciary duties, but the bond is there and available to protect and put back any money that is spent outside of those duties or the duties and requirements of the Court.  It is also there to return any money or assets taken or stolen by the person appointed, if that were to happen (and it does on occasion).... Read More

The best solution would be to contact the probate court and ask to be notified of all proceedings in the matter. If you do not agree with what your sibling is doing, let the court know. You may contest the proceeding if you do not think it's in the best interest of your father. You will likely need an attorney to file a contest, but you don't need an attorney if you just want to be notifed of the proceedings.... Read More