Thursday, June 18, 2015

Long Flight Up

Meg has begun the probate court procedure to be named Wes’ guardian, because his is unable to take care of himself after his rock climbing accident.  After going through several legal requirements, Meg has finally gotten to “court” with her guardianship problem.

Now, with Wes sitting in the courtroom, Meg must persuade the probate judge to agree that Wes is incompetent and needs a guardian.  Wes must also appear and may be questioned by Meg’s attorney, his own court-appointed attorney, or the judge.  And Meg’s own testimony is subject to cross-examination.

Meg must also prove to the judge is that she, his only child, is the best person to be his guardian.  Moreover, Meg must help the judge define exactly what is the minimum amount of authority she as guardian must be given in order to best meet Wes’ needs.

If the judge agrees with Meg, then he will enter an Order appointing Meg guardian.  That order will clearly state the exact scope of her authority and responsibility as guardian.

Proper planning can prevent the need for guardianship proceedings in many situations.  For estate planning help, please call our office at (815) 436-1996 for an appointment.     

©2015 Gruber Law Office, Ltd.

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