Thursday, August 27, 2015

Happy Ending with Red Tape

Meg has been managing Wes’s money as his guardian since his mountain climbing accident left him unable to do it himself.  But after extensive therapy, Wes seems to be recovered now, and they both want him to control of his own life and finances again.

Meg can turn control over to him with his help by filing a petition to terminate the court’s adjudication of disability and asking that the guardianship be terminated.  Then, they must convince the judge that her father has regained his capabilities and can now resume taking care of himself.  Wes will probably testify; there does not necessarily have to be any doctor’s reports or exam, although that might be helpful too.

Meg will need to do a full and complete accounting of her activities as guardian to the court.  After all, once she’s no longer guardian, her father is going to need to know where all his money and investments are.  And the court needs to make sure that Meg has finished her job responsibly till the very end.

So it’s more paperwork and expense, but at least this time it’s for a happy reason.

For advice about planning your own affairs to make future guardianship less likely even if you end up needing help, call our office at (815) 436-1996 for an appointment.  There are tools other than guardianship that can help in these situations.  

© 2015 Gruber Law Office

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