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This is a very complicated matter and the best option is to consult with an attorney qualified in family/civil law. Any adult who wishes to obtain guardianship over another adult must file a petition with the probate court in the state and county where the named person resides. In almost every US state the person seeking guardianship must obtain legal representation and in every uS state the adult named in the guardianship and/or conservator position will be appointed a Guardian Ad Litem by the court. The named adult can contest the action through his or her GAL or can dismiss the GAL and hire private counsel if they so desire. Obtaining guardianship and/or conservatorship (not always the same action or the same person appointed for both) can be lengthy, complexed and expensive.

2006-09-05 16:47:48
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Related Questions

Can a parent get guardianship over a 18 year old?

When a person turns eighteen then technically an adult. So, no a parent can't get guardianship. Unless the person is mentally ill and can't take care of themselves. Then yes, in that case a parent can get guardianship.


How can you obtain guardianship over an ill parent?

Go to a family law attorney and they will file with your local county court to obtain a guardianship. Usually the parent/person would have to be declared incapacitated by either private doctors or a court appointed committee. Then you will attend a "hearing" where you will speak to a judge & s/he will either grant a guardianship or not.


Ways you can get guardianship over a parent?

You can obtain guardianship over a parent that has been declared incompetent to handle the everyday business tasks to live and requires the help of someone. I need to know legal ways to get Guardian ship over a parent.


How do you reverse guardianship from one parent to another?

'How do you go about reversing guardianship from one parent to another parent?


Can someone who has guardianship take a child from a custodial parent?

Yes. That parent is no longer a custodial parent if someone else has guardianship.


Can a custodial parent give temporary guardianship to the noncustodial parent without going to court?

No. Only courts can grant legal guardianship.


Can a noncustodial parent issue guardianship to another person?

Only the courts can award guardianship.


How do you obtain power of attorney over a competent parent?

I think you may mean "guardianship" over someone. A 'guardianship' is something that can be 'obtained' by going to court. However, you must demonstrate that the parent is incompetent and cannot care for either themselves or their affairs. Only when you convince a judge that the parent is incompetent will the court approve this. A "power of attorney" is a power that is VOLUNTARILY GIVEN up by someone to someone else. It is not something you "obtain."AnswerThe first answer addresses an incompetent parent. Since your parent is competent, their grant of a Power of Attorney must be voluntary. They must execute a Durable Power of Attorney document that names you as their attorney in fact. You and your parents should consult with an attorney who can review the situation and advise you of your options.


What constitutes custodial parent in reference to child support?

The custodial parent is the parent with custody/guardianship of the child.


How do you put dependency in a sentence?

The dependency of a child on them makes the job of being a parent a very important one.


Do parents have rights to their children's medical records after they have lost custody?

Generally, the person who has legal custody or legal guardianship of the child has right to the child's medical records. A parent who does not have legal custody is not entitled to the child's medical records. Generally, they would need a court order to obtain them.Generally, the person who has legal custody or legal guardianship of the child has right to the child's medical records. A parent who does not have legal custody is not entitled to the child's medical records. Generally, they would need a court order to obtain them.Generally, the person who has legal custody or legal guardianship of the child has right to the child's medical records. A parent who does not have legal custody is not entitled to the child's medical records. Generally, they would need a court order to obtain them.Generally, the person who has legal custody or legal guardianship of the child has right to the child's medical records. A parent who does not have legal custody is not entitled to the child's medical records. Generally, they would need a court order to obtain them.


Can a custodial parent grant legal guardianship to his wife?

yes


What if the parent is dead and the other parent is no where to be found and only the step parent is around?

The step-parent should petition for custody or legal guardianship.


What is needed to obtain guardianship of a child?

The process of gaining guardianship of a child will vary depending on the state or province and country the child is located in. Common steps involved in all processes include: determining the custodial parent, demonstrating to a relevant court or authority why the custodial parent is a unfit or unwilling guardian, and demonstrating to the relevant authority why you are the best guardian for the child.


How does a parent get emergency temporary guardianship over an adult child who is unable to make decisions for themself due to a drug problem that resulted in putting them in a semi vegetated state?

You must obtain certification of these facts from the medical doctor(s) and file a petition with the court to be awarded the guardianship.


HOW doe you reverse guardianship from one parent to another when the child wants to live with the other parent who doesn't have guardianship and the child is old enough to make their own decision?

Prove the household unfit.


Can a biological parent adopt their child from the legal guardian?

The answer depends on the details. It depends on the reason for the guardianship. If the child was removed from the parent's custody and placed with a guardian the parent may or may not be able to regain custody. If the parent's parental rights were terminated they cannot get legal custody of the child back. If the parent consented to a temporary guardianship and the parent is now better able to care for the child the guardianship can be terminated and custody restored to the parent. It would not be necessary for the parent to adopt the child.


Can a person who has guardianship of a minor from the legal parent in turn appoint guardianship to someone else without the consent of the original parent?

No! I am a child of divorced parents and that can not be done. trust me i know! I am 16 years old!


When a person has guardianship of a minor what can that person do for that minor child?

When a person has guardianship they have the same authority as the parent and can do whatever they feel is in the best interest of the child.


Does the step parent have guardianship of step children after marriage?

No, they would have to apply for that in court.


Can a non custodial parent gain custody if legal parent is in jail and child has no guardianship?

Yes unless they are found to be unfit.


Can the parent with custody disreguard the non custodian and give guardianship to a friend in the event of an emergency?

They can, however the other parent can challenge it.


When a grandparent has custody in one state and parent lives in another state which state do you go to change custody back to parent?

You should start at the court where the grandparent's guardianship was adjudicated. You need to request the guardianship be terminated. It will be easier if the grandparents consent.You should start at the court where the grandparent's guardianship was adjudicated. You need to request the guardianship be terminated. It will be easier if the grandparents consent.You should start at the court where the grandparent's guardianship was adjudicated. You need to request the guardianship be terminated. It will be easier if the grandparents consent.You should start at the court where the grandparent's guardianship was adjudicated. You need to request the guardianship be terminated. It will be easier if the grandparents consent.


Can you get legal guardianship if only one parent consents?

no, both parents must consent.


In Florida how hard is it to reopen a dependency case that has been closed with Permanent Guardianship?

A motion to reunify with the parent(s) must be filed with the Court prior to the child reahing the age of majority, and the parent(s)/Movant(s) would need to show a material change in their circumstances and that reunification was in the child's/children's best interest(s). The parent would need to show substantial case plan compliance.