Guardianship And Conservatorship Legal Questions

Dear Illinois, Your matter sounds like an issue to be addressed by a patent attorney who deals with trademarks and copyrights.  I'm hopeful one will see this post and contact you.  In the interim, this site has a feature which allows you to FIND A LAWYER which you can utilize to locate a patent attorney to address your needs.  I hope it's a fun and positive addition to the lexicon. Good luck with your endeavor.... Read More

Dear Nevada, I am so sorry to hear of your dad's recent stroke, but am glad to hear he survived it and is in a position to sign legal documents  to ensure his affairs are taken care of.  You will need two separate Powers of Attorney, one for property and one for healthcare.  Because I am an attorney, I'm going to advise you to seek out an attorney, preferably an estate planning attorney, to prepare these documents.  You very well can prepare them yourself by securing forms on line or from Office Max, but you run the risk of them not being in conformance with statutory mandates.  I would further recommend  a professional for you because your father has had a stroke and time is of the essence for you.  Additionally, in your need for a power of attorney, you are advising me that your father has no absolutely no estate planning in place.....so that means he not only needs the short term fix of Powers of Attorney, he needs a long term plan to ensure you or whoever the responsible person will be will have a road map on how to carry out his wishes when he is no longer with you all.  Please do not tarry on these matters, secure an attorney and begin the process immediately.  The money you invest will be well worth the peace of mind you will gain.  Best wishes to you.... Read More

Dear South Carolina, No, your sister cannot give you joint guardianship.  Custody and Guardianship are legally determined based on petitions filed in court and by the determination made in court based on the best interests of the individual over whom custody and guardianship is sought.  With that said, your brother's grandparents could not "give" your sister guardianship.  They could have petitioned the court for her to have guardianship (or she petitioned for herself), but it was the court that awarded guardianship.  If there is no court  legally appointed guardianship in place, your sister is merely sitting for your brother. As guardian (an official court appointed guardian) your sis can appoint, without court approval, a short term guardian....someone to act on her behalf when she is unable or unavailable to...check your state's rules for specifics as laws can vary from state to state and I practice in Illinois.  Your sister can also designate a standby guardian in a signed and witnessed writing....someone to become the Guardian upon her death.  Here again please consult an attorney in your state to learn of the specifics of how this works in South Carolina. The fact that your brother lives in your household does not entitle you to be a joint guardian but it does provide you with a wonderful opportunity to be a great blessing and help in both his life and your sister's....so great that it will make your brother's grandparents ashame that they were ever mad.  So go on and prove them wrong-serve your butt off and enrich the lives of those in your household. Your own life will be enriched as well.  Best wishes to you.... Read More

Dear Oklahoma, I'm sorry things at your grandma's are not optimal but what you failed to mention is how you initially came to live with your grandma and if she is a legally court appointed guardian.  Because you did not reference your mom at all, I am going to proceed at though she is not in the picture.  I practice law in Illinois, so your state's rule may vary a bit from the information I'll be sharing from Article 11 of IL's Probate Code. If you have a living parent who is willing and able to care for you, his (in this case) whereabouts are known, his parental rights have not been terminated (voluntarily or involuntarily) and he has not caused or contributed to your being neglected or abused, then he has a presumption (albeit rebuttable) to custody of you.  So if your grandma doesn't have legal court appointed custody, you can live with your dad if he wants to exercise his rights.  Even if your grandma has legal custody but your dad never relinquished his parental rights, he can still exercise his right of custody. Minors who are 14 years of age or more-so you qualify-may nominate someone to be the guardian of his/her person and estate if a guardian is needed.  FYI:  Guardian of the person deals with your day to day living and guardian of the estate deals with your money. Oklahoma, you're at an age where you have some input.  You can find more information at the Clerk's Office in your local circuit court on how and where to file any sort of nomination.  Before you run off to the court house or to call your dad, I do however encourage you to attempt to have an open and honest dialogue with your grandma about what her reasons are for the refusal of your request and also be honest with yourself about your reasons for wanting to move to your dad's.  Best wishes with everything and I hope the info was helpful.... Read More

  Some courthouses in Illinois have pro bono lawyers present to assist in obtaining a minor guardianship. Please contact your county courthouse, or in the alternative local pro bono legal assistance organizations. 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

  Unfortunately, your question is unclear. Please contact your attorney and schedule an appointment to discuss your case. It sounds like you may be having a disagreement regarding strategy. It is important to understand your attorney's strategy and actions. 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

You should seek out an attorney who practices in the field of guardianship. If your daughter had a developmental disability prior to turning 18, you may be able to initiate Guardian Advocate proceedings. Guardian Advocate proceedings do not require the individual to be found incapacitated, and are much less time consuming and expensive than Guardianship proceedings. A guardianship attorney can assist you with determining which proceedings you need to pursue. If you are located in Volusia County, please call my office at (386) 736-1223. Astrid de Parry, P.A. 107 E. Church St. DeLand, FL 32724... Read More

This is a very difficult question that I have often helped clients address.  If the person becomes a danger to themselves or others, a temporary commitment to a psychiatric facility may address the problem.  If not, then you need to consider permanent guardianship, which would allow you to make medical decisions, housing decisions, and financial decision for the person.  It is an emotional issue, and not easy for you to do, but something that the courts often address.  If you want to call my office on Monday, I can help you with this.  ... Read More

Seek the assistance of a lawyer right away. By signing a Power of Attorney, your mother named another person to make decisions for her when she cannot make them herself. This person is obligated to act in your mother's best interest. A lawyer can help you determine whether or not this person is abusing the power. If he is abusing the power, you can file an action in court to remove him as her agent. You also may be able to apply for guardianship of your mother. A lawyer can help you choose the best option for your situation. Tonya R. Coles Elder Law -- Estate Planning -- Probate www.tonyacoles.com... Read More

In Ohio, you can be appointed a guardian of the person and/or estate of someone else (the ward). The guardian of the "person" is responsible for making personal decisions for the ward, including daily care and health-related decisions. The guardian of the "estate" is responsible for making financial decisions for the ward, and for managing any money or property the ward has. To apply as guardian, you must file an application in probate court in the county where the prospective ward lives. The court will determine (1) if a guardianship is necessary and (2) whether or not you are a suitable guardian. If you are appointed guardian, you agree to act in the ward's best interest. You also agree to report to the court on a regular basis about the decisions you are making. As long as you make decisions that are in the ward's best interest and meet the court's reporting deadlines, you cannot be sued in the event that something happens. If, however, you neglect your duties, the probate court can remove you as guardian. Also, if you have misused any of the ward's money, you can be ordered to pay that money back. Tonya R. Coles Elder Law -- Estate Planning -- Probate www.tonyacoles.com... Read More

   Your question is unclear. If you are plenary guardian or guardian of the estate, the ward's funds are to be used only for the ward's benefit.  As guardian, you provide a yearly accounting to the court, If you have questions regarding your role as guardian, please contact the attorney who assisted you in obtaining guardianship. If you obtained guardianship without a lawyer, please contact one as soon as possible.    This post is for informational purposes only and 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 312-872-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More