Can my stepson petition for guardianship of my husband?
My husband had an accident and is in a coma. My stepson got to the hospital before I did and took his wallet and his credit card. He has been using my husband's credit card and he is not on the account and has charged over $400 on it. He said he was going to a Superior Court Judge and get legal guardian over my husband's affairs. Can he do this? My husband and I have been married for over 15 years but we were separated at the time of the accident.
Expert Answer
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.
To be appointed a legal guardian, also called a conservator, your stepson would first need to file papers with the local court, clearly describing your husband's physical or mental condition and inability to make decisions. If you are still legally married, the court will notify you that the papers have been filed and that a judge will be deciding whether or not to grant the request. You will also be given the chance to file your own legal papers, either supporting or contesting the arrangement.
If you want to oppose your stepson's request, you'll likely need to hire an experienced lawyer to help. To begin your search for the best lawyer for the job, contact the local bar association and ask whether it has a lawyer referral service that includes those who specialize in conservatorships or elder law. You can also contact the
National Academy of Elder Law Attorneys
for a referral to its members in your area.