When should one hire a guardianship lawyer to obtain guardianship? Given the important issues involved, one should always get legal guidance. The legal effect of guardianship is to take away a person’s legal right to make his or her own decisions. Courts won’t do do this if there is a less restrictive alternative. Just because … Read moreDoes One Need a Lawyer to File For Guardianship?
Typically, the court will appoint the same person to serve as to guardian of the person and guardian of the property, but may appoint separate guardians. Much depends on the facts and circumstances. Whenever the is a family dispute over who should be guardian the risk of the court appointing a third party increases and, … Read moreDoes One Need Separate Guardians for the Person and for the Property?
Generally, if the court is satisfied that the petitioner is a suitable person to be appointed guardian, such determination being considered separately with regard to guardian of the person and guardian of the property, the petitioner will be appointed legal guardian. However, the court may decide to appoint someone other than the petitioner, including a … Read moreCan the Court Appoint Someone Other Than the Petitioner as Guardian?
The procedure or process for becoming a legal guardian first requires a determination as to whether the alleged disabled person needs guardianship of the person or of the property or both, – more often it is both. A petition for guardianship needs to be filed in the circuit court for the county in which the … Read moreHow Does One Become a Legal Guardian?
Contesting a guardianship can be highly stressful and costly, but when a loved one’s health, safety and financial security are in jeopardy, one has to do the right thing and act swiftly. The first step should be to consult with an experienced guardianship lawyer to evaluate the situation and provide guidance as to how to … Read moreHow Can One Contest a Guardianship?
Any competent person over 18 years of age may serve as legal guardian absent facts that persuade a court that such person is unsuitable to serve as guardian. Legal guardianship is a serious matter and one should have an understanding of the nature and scope of one’s obligations as guardian and have understanding and compassion … Read moreWho Can Become Legal Guardian?
Because this is a complex area, the first step should be to consult with an experienced guardianship lawyer to evaluate the situation and provide guidance as to how to proceed. Stress and misguided good intentions, not to mention those who have ill-intentions, may easily cause major family rifts and set in motion an expensive legal … Read moreHow Does One Challenge the Validity of a Power-of-Attorney Made When a Person Has Limited Mental Capacity?
Generally, a durable general power-of-attorney, if adequately drafted, enables the agent or attorney-in-fact, to act on behalf of the incapacitated person, like a guardian would and thus guardianship is not necessary. However, if the person who gave the power-of-attorney is cognitively impaired and refuses to cooperate, guardianship may be necessary. Also, if the power-of-attorney document … Read moreIs Guardianship Necessary if Someone Has Power-of-Attorney?
The ability to understand the nature and effect of a power-of-attorney is critical, but there are other factors a court requires to evidence sufficient mental capacity. Mental incompetency or incapacity can be a complex area where different standards of incapacity may apply depending on the context. A person may have significant cognitive impairment and yet … Read moreCan One Sign a Power-of-Attorney if One Has Alzheimers or Dementia?
A person who lacks the ability to manage his or her affairs or make responsible business or healthcare decisions may need a legal guardian. Mental incapacity or cognitive impairment is a matter of degree. Contact us now to inquire about your guardianship rights.