How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalGems Your Own Question
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 7118
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Type Your Estate Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

My Aunt was brought to courthouse 30 years ago and deemed

Customer Question

My Aunt was brought to courthouse 30 years ago and deemed incompetent by the court. Her husband was named her guardian. Her husband died March 1, 2016. Can my aunt hire a lawyer to defend herself? My Aunt was left a sizeable estate and her brother in law is petitioning to be named her guardian. Her brother in law also contacted brokerage company that she was beneficiary to gain access to that account.
Submitted: 7 months ago.
Category: Estate Law
Expert:  LegalGems replied 7 months ago.

What state is this in regards to? Also has a replacement guardian been appointed?

Customer: replied 7 months ago.
Pennsylvania, no a replacement guardian has not been chosen, the brother in law has petitioned for the guardianship, my aunt does not like nor trust him.
Customer: replied 7 months ago.
My Aunt would like to fight this, and if she needs a guardian she would ike me to be the guardian. She was diagnosed with schizophrenia and takes sees her doctor 3 times a year.
Customer: replied 7 months ago.
My Aunt has been living by herself since January 19, she drives, her house is immaculate, she makes her own meals. She has always been independent.
Customer: replied 7 months ago.
My Aunt is 75 years old, no will, but she was left beneficiary in all accounts, and this is a sizeable estate.
Expert:  LegalGems replied 7 months ago.

Thank you for your patience as I reviewed this. Upon the death of a guardian, the court will typically appoint a successor-an interested party may petition.

While that petition is pending, the ward may petition the court to request an independent evaluation to determine capacity under 20 PA 5511 and as set forth in In Re Hyman 811 A2d 605. If the ward is determined to be competent there would be no need for a replacement guardian and the petition will be dismissed.

When there are competing petitions they will generally appoint the ward's preference (please see page 2 of the above).

Thank you for using Just Answer.
I hope the information I provided is useful. If you need further clarification please post here and I will reply as soon as I see it; otherwise, Kindly
-Rate Positively-
This does Not result in additional charges to the customer and allows the site to credit me for assisting you today.

Thank you and take care!

Related Estate Law Questions