Thursday, June 11, 2015

More Steps To Climb

Wes’ rock climbing accident had cost him his ability to take care of himself.  His daughter, Meg, has already taken the first painful step of opening a living probate seeking to be named his guardian in order to manage what Wes can no longer do. 

The Petition she filed alleging he was incompetent and listing her reasons for believing he needs help also had to be served on Wes with a Summons.  Now he is required to appear at the court hearing about whether he really is incompetent, unless the court specifically “excuses” him from it.  Plus, even though he is in no great shape, he must file a legal response.

Because that would be difficult for him, the court will appoint an attorney to serve as Guardian Ad Litem for Wes, called a GAL for short.  The GAL will investigate the situation as needed, so she can file the required legal response on Wes’ behalf.

The GAL also makes sure that Wes is notified of his rights in the probate proceeding started by Meg and appears at the ultimate competency hearing too.

Guardianship proceedings can often be prevented with good estate planning.  For help planning your future, call our office at (815) 436-1996 for an appointment.

© 2015 Gruber Law Office, Ltd

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