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Good evening. Thank you for your question.
I am hoping you have an answer :)
Are you familiar with adult guardianships?
I am not
They are basically like guardianships for children. A court appointed guardian has the power to make legal decisions for the adult ward, such as where the ward is to be placed, i.e. in an elder care facility versus in a home. A guardianship can be awarded when the adult is unable to make their own legal decisions. You typically see them for adults when an elder person suffers from something like age-induced dementia or alzheimers (forgive my spelling), or when you have an adult with a developmental disability.
Does that sound like something that might be right for your situation? A guardian has responsibilities to care for the ward, but it sounds like that is something you are interested in doing.
I would take care of him, but how do I go around his wife? Doesn't she have legal rights that supersede mine?
If he is of sound mind, can't he just get up tomorrow and go home?
Those are good questions. First, a spouse does not have superior rights to an adult child in guardianship matters. Technically, a guardian does not even have to be a family member at all (although, family is preferred by the court, it is not a requirement). Any family member can contest the appointment of a guardian, but the courts will make the award based on the needs of the proposed ward. If he is of sound mind, and if no adult guardianship is in place yes, anyone in an elder facility can just get up tomorrow and go home. His wife can't keep him in a facility any more than your spouse can keep you in a facility.
Whew. Ok. How do I go about getting guardianship if it is needed?
Well, they are awarded through the court's probate division. Obviously, I would recommend consulting with an attorney and using an attorney before undertaking any legal action, especially if you expect to be contested. That said, my inclination is actually to provide you with the court's Guardianship Handbook for general information, and invite you to ask if you have any specific questions. The handbook can be found online through the following link: http://www.nd.gov/dhs/info/pubs/docs/aging/guardianship-handbook-12-18-08.pdf
Ok. That's what I needed to know.
Can I get an email of this chat somehow?
Yes, you can get a copy in one of three ways. You can email our customer service at info @ justanswer dot com. You can save the web address: http://www.justanswer.com/family-law/7vhy1-grandfather-remarried-10-years-ago-new-wife.html
So I can discuss it with other members of the family?
Or you can highlight it with your right mouse key, then copy and paste into a word document.
It's up to you whom you wish to discuss the matter with.
LOL. I just did the copy paste as I was waiting for your response. Thank you.
Certainly. Did you have any other question?
Not now. Unfortunately I will probably have more hours from now when I am talking to family.
Is there any other advice you can think to give about the situation?
No problem, but I hope that I have been able to answer your questions in a helpful way.
You have. Thank you
Well, the thing with dementia is that it can vary in severity. Having dementia, by itself, does not mean that a person is unable to help themselves.
Sorry, I saw that you tried to leave a rating. You should be able to do so in a moment.
No worries :)\
I just wanted to make sure that we finished the conversation.
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