Family Law Questions? Ask a Family Lawyer Online.
To obtain medical information for that petition, he should have to have your consent, sinc
Hi your answer was cut short
Since you are the advanced health care directive agent, he should not be able to get access to her private medical records without you
I apologize for my answer getting cut short!
You should definitely be able to go to court and oppose him being appointed her personal conservator.
ok is there no way for his lawyer to get special authorizatoin considering he is her financial conservator?
Her private medical records should have no bearing on her financial circumstances, unless there are very very special circumstances going on.
If I refuse to submit or authorize this medical info, does that put an end to his petition?
It should put an end to his petition, yes.
I have filed an objection and competing petition
And you should have the authority to appoint a new attorney for her, if she is indeed mentally incompetent at the present time.
I really dont beleive she needs a personal conservator
Excellent: An objection and a competing petition should do it. :)
That's good to hear, the only question left then is why is his attorney not advising him that he has no chance?
It's possible that his attorney is simply hoping that you won't respond to their petition and it will go through easily.
They didn't count on you opposing it.
If I filed a petition, is there still an option NOT to have a personal conservator assigned? The court investigator recommended one
That's simply the court investigator's recommendation. It's not law. You could definitely tell the court that it is your position that one is not needed.
So even if I filed, I dont have to go through with it?
I mean will they assign me even though I dont think she needs it
or would they give it to him
because they feel she does.
If I back down would they give it to him
They may assign you even though you don't think she needs it, but they wouldn't assign him over you.
If you back down, they may indeed give it to him. You just need to keep objecting to his petition like you are doing.
So NO conservator is no longer an option?
Is objecting sufficient, or do I need to compete
If I do need to compete, then I will need to provide the medical info
It's still an option to not have a conservator. Objecting should be sufficient if you don't think one is necessary.
But I already filed a competing petition.
That's fine. You can just inform the court, when you get the chance, that you don't think one is necessary but that, if the court does feel that it's necessary, you could fill the position.
If I don't have representation, do you think I will be ok?
I know thats subjective
You seem to be pretty knowledgable. You must have read up about the subject online or something? I think you'll be fine.
Yes I've been doing my homework. I guess that's all I have I appreciate your help, I see you have no positive ratings are you new?
Yes, I am new. Only been on about a week or so.
I'm glad I could be of help!
If it doesn't offend you could I ask your qualifications, just to be confident in your answers? I did hear a differing opinion regarding the appointment of a substitute attorney
Sure. I went to the University of Illinois College of Law, graduated with my J.D., and I passed the Florida Bar and am a member of the FBA now.
At the court they told me only her previous lawyer or herself personally could choose a new attorney
How many years of practice?
If she has been found incompetent, however, you could help get another attorney appointed.
I've practiced for three months now.
she hasnt legally been found incompetent
I know I could help her but I dont know if I have any authority
Then she may still have the legal capacity to appoint a new attorney, if she chooses.
But in my opinion she doesnt have the mental capacity to do that
If you think that she is not competent to appoint a new attorney, you could ask the court to find her incapable.
but that works against her, I am trying to keep her out of assisted living facility
the petitioner's goal I believe is locking her away for his convenience
That's terrible! Well, if she isn't found incompetent then she can appoint a new attorney.
Would she be willing to appoint the attorney that you prefer?
she wouldnt know how or why she should - she would not do it of her own volition
I think she would do what I recommended
Then, since she still has legal competency, she could appoint the attorney you prefer
Ok well I wont take any more of your time you've been very helpful
And so long as she retains legal competency, no one could "lock her up" against her will.
No problem! It's my job. And thanks! I'm glad to be of service.
unless the court recommended?
or the doctor?
I doubt the court would recommend that, so long as her home situation right now is pretty safe/ clean.
Thank you sfbradley
And Happy New Year!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).