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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 35365
Experience:  Attorney with 16 years experience
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My best friend, lover and companion for 19 years has had a

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My best friend, lover and companion for 19 years has had a mild stroke, but is recovering. His son, who wants the estate has filed a petition for guardianship - it is very extensive and complete and leaves Den no freedom. Den does not want it. If he and I get married, will that override the son's petition for guardianship?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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If he and I get married, will that override the son's petition for guardianship?
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It wouldn't actually "override" his petition, but it would put you in a presumptively higher standing to act as his guardian if one was necessary. A guardian will typically be appointed by a judge if the proposed ward is incapable of taking care of themselves and is unable to arrange for care on their own.
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So if you and Den were married, you would be put in the position of being legally tied to Den and have the obligation to assist with his care and maintenance.
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The botXXXXX XXXXXne is that if you were married, it would essentially trump son's petition and if you and Den opposed his petition, it is extremely unlikely that a judge would grant it. The only way I would see this happening is if you are also incapacitated and would be unable to take care of Den yourself.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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