Guardianship/Conservatorship Questions
119 Question and Answer Results
-
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. -
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... -
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... -
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... -
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. -
Are powers of attorney different from state to state?
In a word: yes. -
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... -
How can I get emergency guardianship of my adult son who has a mental illness?
As noted below, there are advantages and disadvantages to setting up a conservatorship, but in your son’s case, it might provide the best protection against medical treatment that you feel may be overzealous. -
How do I make my two daughters guardians of their sister if I can't serve?
The laws in all states provide a legal fallback position for just the situation you describe. Depending on your state law, you can authorize your two other children to act if you are unable to do so in a limited, interim, or standby guardianship. You can find out the requirements and procedure for such an arrangement through your local probate court... -
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... -
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... -
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... -
What can we do to allow adult children to see their mother?
If you are one of the children, start by contacting the adult protective services agency in your area. You should be able to find the agency in your mother’s area by doing an internet search for “adult protective services” and her city and... -
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. -
How do you go about declaring parent incompetent?
I'm assuming you're asking because you want some document or device, such as a power of attorney, advance directive for healthcare or conservatorship giving another person legal power to deal with your parent’s care or finances or both.In all such cases, state laws require that the decision must be e... -
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... -
Do we have to confer with our parents when making health decisions for our grandparents?
It’s possible for grandchildren to take over caring for their grandparents, but easiest and best if they secure legal authority to do it. -
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... -
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... -
What options exist for a spouse of a dementia patient needing to make financial and healthcare decisions without a power of attorney?
Practically speaking, in some situations, a spouse need not take any additional steps to make such decisions. This is especially true if most financial accounts are held jointly—and if the doctors and other health care providers are turning regularly to the spouse for advice and consent on the patieient's care...
1 Expert Answer
If you don't see your answer:
- Post your own question for our experts and community to answer
