What happens if a person needs a guardian and the disabled refuses to be examined for guardianship purposes? If there is a person in the household that refuses to allow that person to be examined, then there is a clear legal route for the court to be involved. But what happens if your parent is…
The guardianship process is a complex process with many moving parts. The very first step, however, can often be the most challenging. When a petition for guardianship is filed, you must file with it, proof of the person’s disability. This is a certificate completed by the disabled’s physician, psychiatrist, psychologist, nurse practitioner, or licensed social…
Can We Have Two Guardians Serve at the Same Time? The answer to this is easy: yes. However, the more interesting question is should you have two individuals serve as guardians at the same time. Remember, that as co-guardians each of you would have to agree on every decision. If you didn’t agree each of…
A Power of Attorney Holder’s Breach of Fiduciary Duty There is no question that a financial power of attorney holds what is called a “fiduciary duty” to act in the best interests of the grantor. But what if that power of attorney holder breaches that duty and takes “mom’s” funds for herself? What if her…
If My Sister and I both File for Guardianship for our Mother, who has Priority? The starting point is what type of guardian do you seek. There are two types of guardians. The first is the guardian of the person. It is this person that makes medical related decisions on behalf of the disabled. The…
Adult contested guardianship can occur when a parent losses the ability to make decisions for her health and/or her financial well-being. Is There a Need for a Guardian? Having a properly executed financial power of attorney and advance directive can certainly avoid the need for guardianship in many instances. But, what happens if the financial…