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489 legal questions have been posted about guardianship and conservatorship by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
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Recent Legal Answers

How do I name Guardians in my Living Will?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
While you can do this in your Will (not your Living Will, which is an advance directive for health care when you are in extremis), it is often better to have a separate document, a Declaration of Guardian for Our Minor Children, signed by you and your husband.  You can easily change this as circumstances change without paying for a new Will or Codicil (Will amendment).  People who are great with little ones may not be equipped to handle teenagers.... Read More
While you can do this in your Will (not your Living Will, which is an advance directive for health care when you are in extremis), it is often better... Read More

What to do if you were tricked into Guardianship?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
From your description, it appears that your sister asked you and the children's father to sign a Temporary Power of Attorney for Our Minor Children.  This is revocable at will.  Talk to a family attorney.  You may have to file suit or you may be able to take the birth certificates to the police and, telling them that you have revoked the Temporary Power of Attorney and your sister refuses to release your children, go get them.  Do tell her first, preferrably sending a letter certified mail, return receipt requested.... Read More
From your description, it appears that your sister asked you and the children's father to sign a Temporary Power of Attorney for Our Minor... Read More

mother passed away I was under 18 my grandmother refuses to give me any info on what benefits are rightfully mines. I'll be 19 in july

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
The probate court documents are public.  Reading these should tell you what was left and give you the name of the attorney who handled the probate.  If he is not willing and able to move your grandmother, you might sue her for conversion (converting someone else's property to her own).... Read More
The probate court documents are public.  Reading these should tell you what was left and give you the name of the attorney who handled the... Read More

Is it possible to obtain custody of a non-relative child that is in foster care?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Please contact a Georgia family law attorney and CPS.
Please contact a Georgia family law attorney and CPS.

What is the fist step and proccess for making a family member get medical help and applying for guardianship?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Contact a local guardianship attorney and seek guardianship to protect your sister from a romance scam and more.
Contact a local guardianship attorney and seek guardianship to protect your sister from a romance scam and more.

How do I grant my brother in the state of Washington guardianship of my 17 year old son, I am in Arizona?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Both parents can grant a family member a Temporary Power of Attorney, revocable at will, which will allow the person to enroll their child in school, take him to the doctor, etc.  Any Washington family law attorney should have the form.  Whether the Washington colllege will consider this and residency enough to establish domicile for in-state tuition is another question.... Read More
Both parents can grant a family member a Temporary Power of Attorney, revocable at will, which will allow the person to enroll their child in school,... Read More

Guardianship of husband. Court declared we have to split our accounts. What can we do?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
This is normal.  It protects your husband and it protects you.  Neither need worry about all the money going for the other's needs.  If your husband someday needs Medicaid, your savings, etc. need not be spent down first and vice versa.
This is normal.  It protects your husband and it protects you.  Neither need worry about all the money going for the other's needs. ... Read More

Mom versus legal guardian on getting COVID vaccination for 29 year old with Down syndrome

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
The legal guardian has authority to consent.
The legal guardian has authority to consent.

My grandson shot himself in the head and his parents are wondering how to go about getting guardianship of him

Answered 5 years ago by Andrew Allen Popp (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Guardianship And Conservatorship
You will need to file a petition for guardianship with the probate court in the county where your grandson lives.  Depending on the County, you typically have specific forms which need to be used.  The overall process is somewhat complicated.  You can check on the webpage for the Supreme Court of Ohio for some basic guidance.  The local probate court rules may be of assistance as well. Best of luck.... Read More
You will need to file a petition for guardianship with the probate court in the county where your grandson lives.  Depending on the County, you... Read More

What do I give up y signing I have some assets in my sisters dwelling?

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
You should retain access to your personal items but would do well to identify and remove them beforehand. 
You should retain access to your personal items but would do well to identify and remove them beforehand. 

My grandma wants to give me power of attorney for medical and fianicial but he wont do it cause HD this ks she isn't compitent but she is she is just

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Who is "he"?  Your grandmother can grant a power of attorney for herself to whomever she wants.
Who is "he"?  Your grandmother can grant a power of attorney for herself to whomever she wants.

How can we obtain guardianship over my mentally ill mother?

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
The lawyer representing your brother is more familiar with the situation than any stranger on this listserv and more likely to be able to gie meaningful "tips."
The lawyer representing your brother is more familiar with the situation than any stranger on this listserv and more likely to be able to gie... Read More

Does guardianship override power of attorney?

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Unless the court order states otherwise, yes.
Unless the court order states otherwise, yes.

What type of lawyer should I look for with assistance in setting up a guardianship for my disabled child who will be turning 18 in a couple of years?

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
You will need a guardianship attorney.  You may find one near you using the Find a Lawyer function on the website of the National Academy of Elder and Special Needs Law Attorneys (www.naela.org).
You will need a guardianship attorney.  You may find one near you using the Find a Lawyer function on the website of the National Academy of... Read More

How can me and my uncle sort out the Guardianship process?

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Your uncle should talk to a local guardianship attorney. Please post this in immigration as well.
Your uncle should talk to a local guardianship attorney. Please post this in immigration as well.

What is the best and fastest way to get guardianship of a minor

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Discuss this with a local family lawyer.
Discuss this with a local family lawyer.

Is there any way to have two guardians for a disabled adult?

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
In most states (other than LA) the guardianship application is for one guardian or for parents as co-guardian.  A successor guardian must apply and be approved separately.  This is because there may be changes in the proposed successor guardian's eligibility in the intervening years.  You may want to apply to resign and have your daughter named successor before you die.  Given your age, your daughter may want to apply now. Please note that only a court can award guardianship of an adult.  You cannot name a guardian for your 50 year old son in your Will. Please contact a local guardianship attorney.... Read More
In most states (other than LA) the guardianship application is for one guardian or for parents as co-guardian.  A successor guardian must apply... Read More

Guardianship

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Both parents can sign a Temporary Power of Attorney for Our Minor Child, revocable at will, allowing someone else to take their child to the doctors, register him in school, etc.  Whether this will work in another state varies.  Please consult a family law attorney.
Both parents can sign a Temporary Power of Attorney for Our Minor Child, revocable at will, allowing someone else to take their child to the doctors,... Read More

Does someone have to file for guardianship to execute the will of the minors father.

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
You are your son's natural guardian.  This is a separate matter from settling his father's estate.  Oppose the application for guardian.
You are your son's natural guardian.  This is a separate matter from settling his father's estate.  Oppose the application for guardian.

My daughter is consenting to give me rights to take care of her minor child with permission to take him to the dr etc can she do this without court

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Both parents are a child's natural guardian without any court action.  Both parents (not one parent alone) can sign a Temporary Power of Attorney for Our Minor Child, revocable at Will, allowing another adult to take their child to the doctor, enroll him in school, etc.  The fact that the father is in prison and not active in the child's life does not negate the need for his signature.  Only court termination of parental rights, voluntary or involuntary, would do this.... Read More
Both parents are a child's natural guardian without any court action.  Both parents (not one parent alone) can sign a Temporary Power of... Read More

I am seriously considering try to get either voluntary or involuntary conservatorship for my 38 year old daughter with difficult mental health issues

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Some legal aid offices have volunteer attorneys who will act pro bono for guardianship applicants who meet certain income and asset requirements.  Awarding guardianship and appointing an attorney ad litem or a guardian ad litem are decisions for the court.  For low or no cost mental health assistance (to the extent that it is available), please contact your local mental health authority.  In many communities, you can find it by calling 211. You may also want to contact the National Alliance for the Mentally Ill (NAMI), which has education and support groups for people suffering from mental illness and their famiies.... Read More
Some legal aid offices have volunteer attorneys who will act pro bono for guardianship applicants who meet certain income and asset... Read More

I need to get power of attorney on my husband who has been incapacitated by an injury and I don't know what to do first

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Based on your description, your husband lacks legal capacity to grant a power of attorney.  Contact a local guardianship attorney.
Based on your description, your husband lacks legal capacity to grant a power of attorney.  Contact a local guardianship attorney.

Do you have to have court ordered Guardianship of a child to sign the child up for Medicaid and assisted childcare?

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Temporary guardianship may well extend to this but whether your state Medicaid authority will rely on it is another question.  Try.
Temporary guardianship may well extend to this but whether your state Medicaid authority will rely on it is another question.  Try.

If my sister would agree to power of attorney for her how would I go about getting the paperwork done for that?

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
If she is mentally challenged to the point that she could not enter into a contract to buy a car or lease an apartment, she lacks legal capacity to sign a Durable Power of Attorney (though she may have enough capacity to sign a Medical Power of Attorney, naming someone to speak for her when she cannot communicate).  You will then need to seek guardianship.  Your county probate court and the State Bar of Texas have lists of Approved Guardianship Attorneys.  Note that many practice in counties surrounding that in which they are registered and some practice statewide.... Read More
If she is mentally challenged to the point that she could not enter into a contract to buy a car or lease an apartment, she lacks legal capacity to... Read More

How do I get power of attorney for my sister.

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Your sister can sign a HIPAA Medical Information Release form or appoint you her agent under a Medical Power of Attorney.  If you have evidence tending to prove that her husband is abusing his Power of Attorney or marital standing, hire a lawyer to file for conservatorship.
Your sister can sign a HIPAA Medical Information Release form or appoint you her agent under a Medical Power of Attorney.  If you have evidence... Read More
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