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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.
Guardianship And Conservatorship Questions & Legal Answers - Page 7
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Recent Legal Answers

Power of Attorney, and Wills

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
You may also report his exploitation to Adult Protective Services.
You may also report his exploitation to Adult Protective Services.

My srepdaughter, Had my Guardianship taken away from me .We Have been married for 28 years.and together longer..I knew nothing about this until;

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Only a court can award or remove a guardianship.  Nor can a guardianship be awarded without a spouse waiver her right to appointment or being found unqualified.  Something seems to be missing from your description.
Only a court can award or remove a guardianship.  Nor can a guardianship be awarded without a spouse waiver her right to appointment or being... Read More

How did my ex husband get guardianship over our disabled 27 year old son without me knowing

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
In some states one parent can seek guardianship independent of the other:  divorced parents do not have to be co-guardian unless the divorce decree so provides.  However, a guardianship should not be awarded to one parent without the other signing a Waiver of Right to Appointment. In no state can a guardian restrict the person's access to the other parent or to other people unless that person has abused or exploited the person under guardianship in the past. Contact a local guardianship lawyer to address these errors.... Read More
In some states one parent can seek guardianship independent of the other:  divorced parents do not have to be co-guardian unless the divorce... Read More

how do i find a probate lawyer that specializes in guardianship. all of the lawyers im finding say they dont do litigation

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Often the local probate court or the state bar has a list of guardianship attorneys.  Not all guardianship attorneys handle contested guardianships.  Those who do might be found under "fiduciary litigation."
Often the local probate court or the state bar has a list of guardianship attorneys.  Not all guardianship attorneys handle contested... Read More

Is it possible to be legal guardian or adopt for my niece

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Her parents are her natural guardians.  You cannot become your niece's guardian unless both parents' parental rights are terminated voluntarily or involuntarily. If both parents sign a Temporary Power of Attorney for Our Minor Child, you can enroll you niece in school, take her to the doctor, etc.  This is revocable at will.  ... Read More
Her parents are her natural guardians.  You cannot become your niece's guardian unless both parents' parental rights are terminated voluntarily... Read More

Do I as a parent file the paper work to give guardianship of my minor daughter to her adult sister

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Neither.  Both parents can sign a Temporary Power of Attorney for Our Minor Child, revocable at will, allowing the older sister to enroll the 16 year old in school, take her to the doctor, etc.  This form should be available from any family law attorney or from legal aid.
Neither.  Both parents can sign a Temporary Power of Attorney for Our Minor Child, revocable at will, allowing the older sister to enroll the 16... Read More

My 16 yr old niece was kicked out of her parents house and is now living with me. My sister has no intention of taking her back.

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
If you want your niece to continue living with you and if both her parents agree, they can sign a Temporary Power of Attorney for Our Minor Child, allowing her to live with you and giving you authority to register her in school, take her to the doctor, etc.  This is revocable at will.  Any family law attorney should be able to provide the form.  You may also be able to get one from your local legal aid (Volunteer Legal Services).... Read More
If you want your niece to continue living with you and if both her parents agree, they can sign a Temporary Power of Attorney for Our Minor Child,... Read More

how old do i have to be to decided

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Take pictures of the result of the physical abuse and of the instruments used to inflict it.  Talk with your aunt (CPS prefers kinship placement) and report to CPS.
Take pictures of the result of the physical abuse and of the instruments used to inflict it.  Talk with your aunt (CPS prefers kinship... Read More

What steps do I take to regain my children and being that I was ambushed in the hospital with a public noterary to sign over guardianship?

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   2 Answers   |  Legal Topics: Guardianship And Conservatorship
Act promptly.  Do not give them a chance to go to CPS and claim that the children should stay with them.
Act promptly.  Do not give them a chance to go to CPS and claim that the children should stay with them.

Need guardianship paperwork for school purposes

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Your grandchildren's parents can sign a special power of attorney, revocable at will, to allow you to enroll them in school, take them to the doctor, etc.  Any family lawyer should be able to provide this.
Your grandchildren's parents can sign a special power of attorney, revocable at will, to allow you to enroll them in school, take them to the doctor,... Read More

My dad suffered a traumatic brain injury in 2018. My stepmother has guardianship I believe. Can my brother and I obtain this from her.

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
While a spouse generally has priority for guardianship, first check the local probate records to determine whether a guardianship was in fact awarded to your stepmother.  Few states, if any, specify the legal capacity required to sign a HIPAA Medical Information Release.  If your father can sign one, it should allow the doctors to talk with you. Please note that your stepmother may not want to worry you or it may be too painful for her to admit the true situation.  A calm and sympathetic discussion with her may yield more information.... Read More
While a spouse generally has priority for guardianship, first check the local probate records to determine whether a guardianship was in fact awarded... Read More

What is needed for a guardian to move out of state with their wards

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
The guardianship must be transferred to a court in Alaska.  Contact a guardianship attorney who practices in the county to which you anticipate moving.
The guardianship must be transferred to a court in Alaska.  Contact a guardianship attorney who practices in the county to which you anticipate... Read More

Step daughter versus daughter step father had no will mother does she's taking everything how do I stop her

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Make a list.  Take pictures.  Sue for conversion (converting your father's property to hers).
Make a list.  Take pictures.  Sue for conversion (converting your father's property to hers).

How may I obtain guardianship of my Mother who has severe dementia

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Contact a local attorney who practices guardianship law.  You will need legal representation, not just some "paperwork" sent (or not sent) by a court clerk.
Contact a local attorney who practices guardianship law.  You will need legal representation, not just some "paperwork" sent (or not sent) by a... Read More

The co guardian is a cop and is neglectful how to modify guardianship

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
If your son can write, he can write a letter to the court asking to have his guardian replaced.  If not, you can hire a local attorney to petition the court to replace the guardian.
If your son can write, he can write a letter to the court asking to have his guardian replaced.  If not, you can hire a local attorney to... Read More

is a irrevocable trust document invalid if the grantor never met lawyer whom wrote trust but was notarized and grantor is not incapacitated

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
There are "trust mills" which operate in the way you have described.  Do consult with a local estate planning attorney.   An attorney who drafts a trust without consulting with the client/grantor is likely guilty of malpractice.
There are "trust mills" which operate in the way you have described.  Do consult with a local estate planning attorney.   An attorney... Read More

How do I initiate a conservatorship?

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Contact a local attorney who specializes in this.  Some people go through a stage of dementia during which their frustration leads to aggravation and then aggression, sometimes descending to violence.
Contact a local attorney who specializes in this.  Some people go through a stage of dementia during which their frustration leads to... Read More

We are seeking a guardinship of our niece and both parents are in agreement. The school stated she can't enroll without this. How long is this proce

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
You need not wait for guardianship to enroll your niece in school.  Her parents can sign a special Temporary Durable Power of Attorney, revocable at will, allowing you to enroll her in school, take her to the doctor, etc.  A local family law attorney should have this form.
You need not wait for guardianship to enroll your niece in school.  Her parents can sign a special Temporary Durable Power of Attorney,... Read More

What is our next step when we have kinship guardianship but the mom is now trying to terminate the orders?

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Hire a family law attorney.  This is not a DIY project.
Hire a family law attorney.  This is not a DIY project.

how can i get my old guardian changced to my new guardian and than have my old cace in Omaha, Ne.droped and changed to Gage county please let me know

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
You can write a letter to the Court.  In any event, if you have moved counties, the guardianship should be transferred to the probate court in your new county.
You can write a letter to the Court.  In any event, if you have moved counties, the guardianship should be transferred to the probate court in... Read More

Injustice right to have say so in your life and be informed of a court proceeding

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
He can write to the Court asking to have his rights restored or the guardian replaced.
He can write to the Court asking to have his rights restored or the guardian replaced.

Need SSDI for 32yr old. She has no fam, no job. What doc need for her to sign so I can get her medical, fostercare records and file her SSDI for her?

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
HIPAA Medical Information Release and a Social Security form Authorizing Release of Records to Social Security.
HIPAA Medical Information Release and a Social Security form Authorizing Release of Records to Social Security.

need to get a guardinship for adult male.

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
If your father has not appointed someone his agent under a Medical Power of Attorney and under a Durable Power of Attorney, the health care providers may turn to all available adult children (assuming the spouse has passed) on health care questions but no one has authority over your father's money and property.  You or your brother may need to apply for a guardianship.  Contact your local probate court or your state bar for a list of attorneys who represent people in guardianship applications.... Read More
If your father has not appointed someone his agent under a Medical Power of Attorney and under a Durable Power of Attorney, the health care providers... Read More

Guardianship

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
The child's biological mother has priority as his natural guardian but you may persuade her to give you (revocable) custody using a special power of attorney.  Talk to a family law attorney.
The child's biological mother has priority as his natural guardian but you may persuade her to give you (revocable) custody using a special power of... Read More

aubtaining a conservatorship for my daughter

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
The question is not whether your daughter needs protection but whether she has the legal capacity to provide for her own food, shelter and medical care and manage her own finances.  She may be intellectually or developmentally disabled, may have suffered a brain injury or may have a severe mental illness.  From your post, it is not clear.  Please talk with a local lawyer who represents people seeking conservatorships (as guardianships are termed in California.)... Read More
The question is not whether your daughter needs protection but whether she has the legal capacity to provide for her own food, shelter and medical... Read More
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