Guardianship And Conservatorship Legal Questions

While your description is unclear and it is not clear how it relates to your question, one possible aspect can be addressed.  In most states your mother can write a letter to the court requesting that her rights be restored and does not need a lawyer to do so.  If this is not a question of restoration of rights but of transfer of guardianship, more information is needed, such as whether you were the former guardian.... Read More

It is not clear to what check you refer or what is the source of funds.  If it is your mother's money and you have authority over it as the guardian of her estate, there are two considerations.  First, you must get the permission of the court to expend funds to reimburse your sisters.  Second, you must get the permission of the court to reimburse yourself.  Please work with your guardianship attorney to file the proper motions and proposed orders approving those motions.... Read More

You need to hire an Approved Guardianship Attorney to represent you in applying to transfer the guardianship from El Paso County and to file any sworn guardianship of the estate accounting.  You can file an annual report of the well-being of the ward without an attorney.  Until the new county accepts the guardianship, please file that in El Paso County. The Bexar County probate courts should have a list of Approved Guardianship Attorneys.  A list is also available on the website of the State Bar of Texas.  ... Read More

From your description it appears that a court already ordered that you be placed under guardianship with your grandmother acting as guardian.  Ask the attorney involved to file a Motion for an Order to Show Cause.  The Court can order your mother to appear in court to explain to the judge why she has not signed and delivered the necessary papers.  She may prefer to sign them and ask that the Motion be withdrawn.... Read More

You do not get to decide.  If your brother is mentally incompetent to manage his own finances, he almost certainly lacks legal capacity to appoint an agent under a Durable Power of Attorney.   If so, he needs to be placed under a guardianship by a court.  Ask the facility where he resides to ask a physician to complete the necessary medical evaluation and form (sometimes called a Physician's Certificate of Medical Examination) and hire an attorney to help you file an Application for Guardianship.  If your local probate court does not have a list, your state bar will.... Read More

In many states you and your wife can sign a Declaration of Guardian of Our Minor Children in Case of Need. A Will appointing someone executor is needed for someone to sell your goods, access your bank accounts and, if you have not designated a beneficiary, collect the life insurance proceeds.  Some lawyers include the Declaration of Guardian in the Will.  Because your children are minors, the Will should also provide that anything going to them will be held in trust until they are a certain age and that the trustee must make distributions for their health, education, maintenance and support.  The Will could provide that the executor will be the trustee or it could name someone else.... Read More

Only your husband can appoint an agent or co-agent under his POA. If he lacks legal capacity to do so (for a financial POA this is the same level of legal capacity that he would need to contract), you should seek a guardianship.  Your local probate court and state bar should have a list of lawyers who are Approved Guardianship Attorneys. If you are afraid that there may be some funny business, as your husband's heir you can also ask the local probate court to examine the actions your sister-in-law took as your husband's agent.  If money is flying out the window, you can also file a Motion for a Temporary Restraining Order and report to Adult Protective Services.... Read More

The legal argument must rest on facts.  Brain studies of trans people have shown that just what they say happened indeed happened:  they were born with the wrong body.  Find a neurologist who can conduct and interpret the proper brain scan.  Note that this may also persuade your relatives.... Read More

A person under guardianship can apply to have some or all of her rights restored.  Usually they just need to write a letter to the court.  The court will then appoint someone to investigate. Meanwhile, many states require a guardian of the estate (a/k/a conservator) to file an annual accounting.  Check the court records.... Read More