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Does One Need a Lawyer to File For Guardianship?

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?

Does One Need Separate Guardians for the Person and for the Property?

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?

Can the Court Appoint Someone Other Than the Petitioner as Guardian?

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?

How Does One Challenge the Validity of a Power-of-Attorney Made When a Person Has Limited Mental Capacity?

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?

Is Guardianship Necessary if Someone Has Power-of-Attorney?

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?

Can One Sign a Power-of-Attorney if One Has Alzheimers or Dementia?

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?