Guardianship And Conservatorship Legal Questions

   If your mother has been appointed guardian of your daughter by the court in Illinois, you will need to ask that court to discharge that guardianship. It is always advisable to hire an attorney who is knowledgable regarding the process to represent you in such a matter.   This posting is for informational purposes only and does not constitute legal advice nor establish a relationship between the parties. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More

It is definitely not good for the guardian of a pesron to "borrow" money.  that would be a breach of fiduciary duty and would be considered self dealing.  Even if the loan is repaid, and there is a normal interest rate, it is still a breach of duty to the guardian to do this.  If the guardianship is in New Jersey,the guardians will have to provide an annual accounting of the money that will have to show the loan, and objections can be raised at that time. ... Read More

Once the Guardianship is formally in place, you must go to court in order to have the guardianship closed and regain custody of your children.  The Court will determine what is in the best interest of the children.  Due to the limitations of the Lawyers.com Forums, MaryEllen K. Bishop, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

There are many liabilities the school is concerned about.   What if you invite friends to the apartment who are not 18? What if you have a huge party with underage students and someone gets hurt? Parents whose children are at the school would probably assume that the other students at the school have some kind of parental supervision at home, and you would not.  There are many other liability issues that the school does not want to be involved with.  For the most part, in the United States,  students are not considered "adults" when they are still in high school.  you could try to have some kind of release written up, but then your parents would be accepting liability for your actions, and you should be guided accordingly.   ... Read More

It possible, but it will be up to the courts and the parties involved to determine who is the best guardian for him, or if he still needs a guardian.   If his mother consents to allow the father to serve instead it would be simple, but if not they could have to go to court to change it. ... Read More

Your power of attorney is still valid although your name has changed. However, the purpose of having a power of attorney is to use it as proof that you have the authority to act on behalf of another person, so if a third party saw your document, he or she may wonder if in fact you are the same person as the name on the document. Therefore, I recommend having the durable power of attorney updated with your current name. I would also suggest considering a medical power of attorney for your mother because as she gets older, there is a possibility that she may not be able to make decisions for herself. This will also allow you to find out what her wishes are concerning life sustaining treatments and other medical decisions that may need to be made in the future. ... Read More

If she signs a power of attorney, she can always revoke the power of attorney.  A guardianship is an option, but it would require two doctors to certify that she is legally incapacitated, meaning she is unable to govern herself and her own affairs.  If you became her court appointed guardian, you could force her to remain in rehab, she would not be able to sign herself out.  You need to consider how you would pay for the rehab, if she does not have insurance, and what happens if she finishes the rehab.  You can always "reverse" a guardianship - you can go back to court and have a doctor state there was a return to capacity and she can have her autonomy back.  Good luck.  ... Read More

That is an impossible question to answer based on the information you have provided.  If you have consent of the guardianship,  if it makes sense for the ward to move out of the country, if they are going to receive proper medical care, can afford to live, etc.  The answers to all of these things have to be determined.  How is the guardian going to care for the ward?  Is the guardian going to move out of the country also?  It might make sense for the ward to move, but it would depend on the facts. ... Read More

If you are certain his statements are true, you should meet with an elder law attorney in your area. For your information, paranoia and recalling things that are not true is common with dementia patients. That said, there are specific reasons per Florida statutes for the removal of a guardian. An elder law/guardian attorney can review those reasons with you and your brother. Astrid de Parry, PA (386) 736-1223 DeLand, FL... Read More

You would have to file a Complaint and Order To Show Cause with the court in the county in which you live asking to be appointed as the Guardian Ad Litem.  The order will name you as the Guardian, and you will have to notice anyone else (biological parent or other guardian).  Any other person noticed has the right to show up in court and object to you being appointed, but if no one answers the complaint and does not show up in court, you will be appointed.  It could take several weeks to accomplish because the paperwork has to be drafted, served on who ever has the right to receive notice, and then a court hearing scheduled.  there are filing fees in filing the complaint, and attorney's fees that would be incurred.  It is difficult to estimate how much this could cost without more information.... Read More

If your sister will not voluntarily sign it over to you, you will have to apply to the court for an emergent guardianship.  You will need a doctor's certification that your sister is not competent to make her own health care decisions.  You will have to make the guardianship limited, for example you will not take away her right to vote, or her right to drive, but only to make her own medical decisions.  Depending on the county in which your sister lives, the Surrogate can be very helpful in guiding you as to what needs to be done, or you can contact an Elder Law attorney.  Even though your sister is not elderly, this is the specialty that does the guardianships, and knows how to get it moved through the system.  Good Luck !... Read More

If you have been declared incapacitated, and a guardian has been appointed, you will not be able to execute a Power of Attorney. You may have two choices, 1) argue you have regained capacity, and are no longer in need of a guardian, or 2) argue that the current guardian should be removed, and a professional guardian should be appointed. Astrid de Parry, P.A. (386) 736-1223... Read More

Guardianship is for a legal incapacitation.  You can be disabled, and not be incapacitated.  If you feel you do not your parents to serve as guardians, you can apply to the court for a return to capacity and have the guardianship removed.  you can also go to Social Security and request taht the represntative payee be changed. I can help you if you need it.  Feel free to call my office.... Read More

Your question falls into the family law arena, not the guardianship and conservatorship arena.  While a conservatorship involves custody, you would not be in a probate court situation, based upon the facts you have provided, but you would be in faimly court instead. You need to inquire of a family law attorney in the area of custody and visitation. Good luck to you, Sincerely, Kevin Spencer www.spencerlawpc.com ... Read More

Once you turn 18 you are entitled to apply to become the guardian of your sister.  The problem you have is Texas law establishes a hierarchy (by statute) of persons who should appointed as guardian of a ward - particularly, a minor ward.  In this case, your parents would be the first persons on this list and you would be third behind them.  Unless you can prove that they should not be your sister's guardian, i.e., that is not in her best interest that her parents be appointed as guardian, then you will not be successful in your endeavor to become her guardian.  You will have to, essentially, show that your parents are unfit as parents.  This is extremely difficult and would be very expensive from litigation costs. Your inquiry makes the entire situation sound very simple - unfortunately, it is not simple and not inexpensive. I hope this answers your question(s). Sincerely, Kevin Spencer www.spencerlawpc.com ... Read More

Guardianship is a very intrusive process. Therefore, Florida law seeks the least restrictive alternative to guardianship. If your mother has a Durable Power of Attorney and Health Care Surrogate, she may not need a guardianship. If she does not, you should meet with an attorney who practices in the field of elder law. He or she can assist you with filing for guardianship. You may find the following article helpful: http://www.martindale.com/elder-law/article_Astrid-de-Parry-PA_1521160.htm Astrid de Parry, P.A. DeLand, FL 32724 (386) 736 - 1223... Read More

   Under Illinois law, the parents may file a petition to revoke the guardianship. The court will appoint a Guardian Ad Litem to represent the child and report to the court the GAL's recommendation. If you believe that that is in the offing and you oppose it, please contact an experienced attorney as soon as possible to represent you.   This posting should not be considered legal advice nor the establishment of an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More

   Please consult with an experienced attorney. If his daughter is his "surrogate," she may hold a power of attorney or may be his guardian. There may be a question of his competency if he is unable to communicate effectively. Please consult with an attorney.   This posting should not be considered legal advice nor the establishment of an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More