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Seek to fnd out how the legal process work for Gudianship for

Customer Question

Seek to fnd out how the legal process work for Gudianship for Disable mother. I, (son) plan to file for legal gurdianship of disable mother for her person and estate. I, will be claiming elder abuse by sister. I, believe I, will be the petitioner and mother the respndent. I, would like the court to appoint an attorney on my mother behalf, to find out if, the sister has recently enter a transaction to sell real estate property and purchase property in her name only for her personal gain. Also to prevent my mother from being place in a nursing home against her will at a later date. Sister doesn,t inform family members of mother personal affairs, finance, medical, state for some time.
Submitted: 5 years ago.
Category: Family Law
Expert:  Thoreau (T-USA) replied 5 years ago.

Disclaimer

By reading further, you agree to and understand the following:
Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. What follows is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists. Anything you write can be used in court if discovered by an opposing party.
The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible.

_____________________________________

Answer:


To establish a guradianship/conservatorship over a person who lacks capacity to care of himself, it is necessary to petition the state's probate court to establish a conservatorship. In the petition, it is generally necessary to explain why a conservatorship should be established, how this is in the best interests of the person who has been determined incompetent, and why the petitioner is fit for the role. It is important to note that incapacity must be legally determined for this to be the case. If this has not yet been determined, it may be necessary to allege and show incapacity in the petition.

A petitioner can likely expect several court hearings on the matter so as to determine whether incapacity exists and whether the petitioner is appropriate for the conservatorship.

You may find the following site useful. It provides a great deal of information pertaining to being a guardian, though it does not explain the process.
http://www.illinoislawyerfinder.com/publicinfo/guardian.html

You will want to retain the assistance of a licensed Illinois attorney to assist you in becoming your mother's legal guardian.

I hope this helps.


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You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services:
http://www.abanet.org/legalservices/lris/directory/

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