mow my Mon it in a nursing home , and l belive is is suffering from demich and not in her right mind i was told papers on the way, she dosent have enough time for this to go to court I have the child but no papers yet and i cant aford to take this to court ,there is no where alce but fostrer care for her and i cant let that happen she has been though to much already my mom agrees Brittney should be here , at Gramas is not a good place to be ! my mom has dimencha and a broken hip and is very farile and probley not much time left, my husband recntly went back to work after being laid off for 3 mounts my sister has meaicial power of atterny and my aunt has finichel power ,l have no say in any thing except l am the get Brittney she is 12, Mom is being reliced from hosbatle wensday , sister left for 2 week vaction in Canada ,and there is no one there , also l need papers the get Brittney in school in 3 weeks any ideas.
State/Country relating to question: Arizona
talking the my Mom , Talking to her lawer, and my sister, was told 2 week ago l would have some tipe of power af atterney or guardianship paper for school and medical, have not recived yet and starting to worry if this has to go to court I dont think my mom will make it that long and my sister left to go to Canada for 2 weeks,
Thank you for your question, but we need more information. Specifically:What is your relationship to the child?Who has the child at this time?Where are the child's parents?Has Child Protective Services been contacted?
MY Mom has had cusdtiy for the last 6 years my sister died suddnly in front of the child of a brain anursium, The child <Brittney> are l are close, she want to be here. i have had her scines mom went in the the hosbatle on 6/10 /12 Brittneys mom is deid and we do not know who the father is we have tryed to fine out at the time of Diannes death,afew took dna test ,but they were knot tohe one, My Mom was in hospitce and there were some issuse, adult and child serves were called my mother also has demenchia, and has been un able to care for her self let a lone a child my mom wants Britttney to live with my husband and l or kid are growen and on there owen,they are 30 and 19, we have a nice home and lots of room , several months ago my MOm told adult and child serves that she wanted Brittney to come to live with us when school was out ,so they left her with her Grandma for the time being
Thank you for that information.
You were told correctly that custodial rights can be transferred by documentation completed outside court, but only IF the person transferring those rights has the capacity to do it. A custodian or guardian who is suffering from dementia may not have the capacity to voluntarily sign over custody or Guardianship rights. In that case, those rights will have to be acquired by court order, which requires filing a petition with the court. If you cannot afford a lawyer, you should apply with your local legal aid (also sometimes called legal services) office as soon as possible. They represent people without you having to pay attorneys fees. The court can grant temporary custodial rights in the interim, pending a full hearing, so that the child can be enrolled in school.
What I would suggest, though, is that the attorney who drafts the paperwork needs to actually meet with the guardian at the nursing home or wherever she is before doing anything, in order to determine whether she has that capacity to sign over her rights. Otherwise, if she does not, then as I said before the court will have to transfer those rights.
Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
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