Guardianship And Conservatorship Legal Questions

You can grant a person a Durable Power of Attorney or a Medical Power Attorney if you have legal capacity to do so. If due to a physical or mental illness you cannot provide for your own food, shelter or medical care or cannot manage your own finances, someone can apply to become your guardian.  ... Read More

Thank you for your question. To terminate the guardianship of a child, the guardian can file a petition to resign as the guardian and return the child to his or her parent(s).  If the guardian will not willingly terminate the guardianship a petition would need to be filed requesting the court terminate the guardianship.   I would suggest making an appointment for a consultation with an attorney who do this type of work.  ... Read More

Given your description of your mother's state, she does not have legal or physical capacity to appoint someone her agent under a Durable Power of Attorney.  A guardianship must be sought. In addition, your father's Will must be settled.  If he left a Will, this must be submitted to probate court.  If not, one of three types of heirship proceedings must be used.... Read More

"Immediate danger to self or others" is the test for admission to a psychatric hospital. The test for guardianship is whether, due to a physical or mental condition, the person is unable to provide for her own food, shelter and medical care or unable to manage her own finances.   If your mother has grandted someone a power of attorney for finances, that person, too, can access her accounts and pay for her care.  If your mother has granted someone a power of attorney for healthcare, that person can speak for your mother when she cannot communicate.  Other than a guardian of her person, only your mother has the authority to decide where she lives.... Read More

Contact a local guardianship attorney.  From your description, your brother lacks legal capacity to sign a Drable Power of Attorney. You can buy life insurance on his life or an irrevocable funeral policy without this.  The latter is preferred because it will not interfere with Medicaid eligibility while, over a certain amount, life insurance will.... Read More

The validity of your Will does not change due to your move.  There could be differences in state law that cause the Will to be interpreted differently.  Since it has been 8 years, it is a good idea to visit with an attorney to make sure there are no changes in your life that would require an update.   ... Read More

Yes, you should contact an attorney. Unfortunately, if your father lives in the Los Angeles area, it takes quite a while to get into court. The attorney could try to file for an emergency temporary conservatorship to speed things up, but that increases the overall cost a bit. If, hopefully, your father recovers from Covid-19 use this emergency as an opportunity to convince him to do a trust or will and, very crucially, power of attorney. With a power of attorney, you would have had authority to contact the benefits people.... Read More

You will have to work through Child Protective Services.  If the parents' rights cannot be terminated (which takes a long time in any event), you may be able to get a status less than guardianship but one which still gives you custody.  Please discuss this with a local family law attorney,... Read More

If your daughter's stroke makes her unable to make medical or financial decisions, someone must become her guardian (called "conservator" in California).  In Texas an application is submitted together with a Physician's Certificate of Medical Examination.  The applicant takes a one hour online court, submits to a criminal background check, completes various information documents for the court and a bond application.  The court appoints an attorney to represent the person who needs to be protected by a guardian (your daughter).  That attorney visits with your daughter and has the right to examine all her financial and medical records.  That attorney files a report with the court.  There is a hearing at which the guardian is appointed.  After the oath and bond are filed, the guardian can act.  While this obviously won't occur within the next two weeks, you may be able to pay for her medical coverage directly in the interim.  Depending on her financial situation, you may also be able to apply for Medicaid.  No hospital or nursing home receiving Medicaid can kick someone out for nonpayment while their application is pending. If someone is unable to communicate their wishes and has neither an agent under a medical power of attorney or a guardian of their person, the Texas Health and Safety Code permits others to speak for them.  If your daughter is married, her spouse would have priority.  If she has available adult children, they would come next.  Her parents would come first. The amount spent applying is recoverable from the protected person's estate.  How much this would be varies with location, in part because court filing fees and the deposit for the court-appointed attorney vary by location.  Whatever county your daughter is in, you will need to be represented by an Approved Guardianship Attorney.  The county probate court and State Bar of Texas have lists.  Keep in mind that an attorney listed in one county probably practices in surrounding counties and, especially with internet hearings during the pandemic, may practice statewide.  ... Read More

If he can express his wishes, he can move to another care facility.  If he no longer has that ability, you can speak for him regarding medical care if he appointed you his health care agent.  But other than your brother himself, the only person who can decide where he lives is his guardian.  From your description, it is not clear whether you would need to become his guardian or whether he can himself tell the facility that he wants to move.... Read More