Conservatorship/Guardianship Questions

1. How do I get legal guardianship for adult child?

   A guardianship, sometimes called a conservatorship, gives you the legal right to make necessary decisions on behalf of an adult child who cannot live independently. It allows you to oversee or personally be responsible for the child's care, custody, and control...
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2. Can my stepson petition for guardianship of my husband?

   Unless your stepson's name is on your husband's credit card account, he has no legal right to use his charge card. He does, however, have the right to go to court to petition to become your husband's legal guardian -- although that doesn't mean the arrangement will automatically come to pass...
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3. Can ER doctors make life choices for me?

   From Carolyn Rosenblatt, R.N., B.S.N., Attorney When you arrive at the emergency room unconscious, and there is no one to give consent to a procedure, the doctors must do what they can to save your life. It is presumed, legally, that you would want what is best for you if you were able to give consent...
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4. Do we still have to pay for the bonding insurance if there's nothing left in the bank?

   Many courts require conservators to post a bond unless the bond requirement was specifically waived.
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5. Can our family revoke guardianship of my uncle from his separate wife?

   It sounds hurtful that your uncle’s wife took this action without informing your aunt and mom. But whether they can or should take any additional action about it depends on a few other fact.
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6. Can a convicted felon be a guardian of his mother?

   Just a few states—including Arkansas, Florida and Washington—have laws that put an outright ban on people who have been convicted of felonies from serving as an adult guardian.
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7. How can I get a guardianship in place for my father?

   Obtaining an adult guardianship can be a relatively simple matter involving completing a few forms—or a drawn-out process involving several court hearings, depending on your father’s situation and on whether anyone objects to the arrangement.
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8. Is there anything I can do to protect myself from a guardianship?

   A guardianship is a fairly drastic step. Do secure one, your sister would have to go to court and convince a judge you are unable to manage your own affairs and that you need someone else to do it for you. You have the right to appear at that hearing—and to convince the judge that a guardianship is s not necessary...
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9. Will getting a guardianship protect my aunt legally?

   In many cases, obtaining a guardianship or conservatorship can give you greater and clearer control over all decisions than a power of attorney does. There are several reasons for this. First, a power of attorney may be limited, either to financial decisions, or to personal decisions, or to health care decisions...
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10. If I become my husband's guardian, do I have the legal right to move him?

    Generally speaking, there are at least two types of guardianships. One, a guardian of finances, allows a person to manage and spend another person’s money, as long as it is spent for the owner’s care and well-meaning and managed with his or her best interests as the prime control.
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11. What is a sibling's role in a conservatorship?

    It sounds as if you already know that a conservatorship proceeding begins when a petition is filed to have a person called conservator appointed to manage a person's personal needs or finances, or sometimes both. At that stage, all close relatives of the person, including siblings, must be notified of the petition...
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12. How do I set up a business as a guardian for the elderly?

    As you might imagine, courts are very careful in appointing guardians and conservators to make decisions for elderly people -- and are careful to protect this often needy and vulnerable population.So there are hidebound procedures and hoops to jump for becoming a guardian or conservator, especially for...
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13. What is the legal cost if a court appoints a non-relative to serve as conservator?

    The conservator of an estate can be responsible for handling a number of tasks, from the simple to complex--including collecting the person's assets, paying bills, making investments, buying or selling real estate, borrowing money, or giving assets to others as gifts...
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14. How can I get a guardian removed from the position?

    Before you take any specific legal action, zero in on the specific concerns you have about the guardian's treatment of your mother-in-law. You might get the best treatment for her and help salve your own concerns, by having an informal conversation with the guardian -- and in any case, you should gather...
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15. Is CPP, OAS or Veteran's Disability Pension classed as income to be used in calculations for 5% to be paid to the Guardian and how ofter is this 5% paid?

    The amount, sources and timing of compensation for an adult guardian or conservator depend on two things: (1) the legal rules in the state where the guardianship is in effect; and (2) the judge's order establishing the guardianship or conservatorship in each particular case.
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16. Who can initiate the Baker Act in Florida?

    As you seem to know, but other readers may not, the Baker Act is a Florida law that controls mental health services -- including voluntary admissions, involuntary examination, and involuntary placement.The requirements for initiating the act are a little different, depending on the process being called...
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17. What Can I Do When My Parent Refuses to Sign HIPAA

    There are several different parts to your question, so let's take them one at a time.You ask about HIPAA disclosure forms. A HIPAA form is a way for a patient to give written permission to health care providers to discuss and give information, to the person named in the form, about the patient's medical condition...
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18. What is a fair price to charge for my mother living in my home?

    It is hard to put a price on what is priceless. How I wish more daughters would approach this subject in such a precise way. So many elders end up in institutions prematurely because we are unable to deal with this question, What is a fair charge for in home care of our own mother? It is okay to ask...
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19. Are we liable for my mother-in-law's future expenses?

    Your husband is not responsible financially for his mother's needs although obviously you and your husband have concerns for her welfare. A document, such as you are suggesting has no legal significance, but also is not needed to insulate yourself from financial liability...
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20. Must I keep a guardianship/conservatorship?

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