Guardianship And Conservatorship Legal Questions

There are two types of powers of attorney:  one for health and one for financces.  Similarly, as you have discovered, there are two types of guardian.  In most cases, the existence of a valid Durable [Financial] Power of Attorney means that there is no need for a conservator, a guardian of the estate.... Read More

The cost of obtaining a guardianship can be recovered from the estate of the protected person, which may in this instance mean selling the house or borrowing against it and repaying the loan out of your brother's monthly income.  Please talk with a local elder and special needs lawyer about possible alternative housing and other services for your brother.  You can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

While your mother may grant a power of attorney, if her stroke has rendered her unable to manage her finances, a guardianship of the estate (conservatorship) is in order.  If her stroke has rendered her unable to make or communicate medical decisions, she may be able to make and communicate a decision as to who should make and communicate them for her, granting a medical power of attorney.  If not, a guardianship of the person is in order.  You may want to discuss this with an elder lawyer, with all the implications it has for applying for public benefits such as Medicaid.  You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

For you to have "temporary guardianship" via a special power of attorney, both parents must grant it.  It is revocable at will by either. For you to actually become the guardian, you may want to work with CPS to terminate the father's parental rights.  You may wind up with an intermediate legal status.... Read More

Anyone applyijng for guardianship must be represented by an Approved Guardianship Attorney.  The attorney will send a request for a Waiver of Right to Appointment to the wife.  If she does not sign the Waiver and contests the applicant's request for appointment, the applicant will have to show that she is not quallified.  The nonactions which you mention will need to be proven.... Read More

If your youngest son is a minor, both parents can sign a Temporary Power of Attorney giving custody, authority to enroll in school and seek medical treatment.  This is revocable at will.  Any family law attorney should be able to provide it. Only a court can award guardianship. ... Read More

Neither will in itself enable you to carry your grandson on your health insurance. Whether he needs a guardian or can grant a medical and a durable (financial) power of attorney turns on his legal capacity.  Some people diagnosed with autism are high functioning and can grant a medical and even a durable power of attorney.  Some require a guardian. Different states require different medical evidence.  You may want to consult a special needs attorney who handles guardianships.  To find one near you, please see the website of the National Academy of Elder and Special Needs Law Attorneys (www.naela.org).    ... Read More

Whether a parent can be paid for providing services to a disabled child varies with the Medicaid and Medicaid-waiver services which the disabled child is receiving and with the parent's eligibility based on work eligibility, training requirements and whether the payment is made directly or through a home health care agency which employs the parent.  Please contact a local lawyer focusing on special needs planning.  You can find one through the website of the National Academy of Elder [and Special Needs] Law Attorneys (www.naela.org).... Read More