Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for requesting me. Kirk Adams : In order to void or cancel the guardianship/conservatorship, you will have to file a motion with the court that granted them and ask that the letters of guardianship and conservatorship be revoked due to the spouse's improved health, which has rendered the authority granted unnecessary.
Kirk Adams : The judge will likely want proof that the spouse is competent to handle his/her own affairs again (maybe an affidavit from his/her treating physician), and testimony from the spouse to ensure that he/she is competent to handle affairs on his/her own.
how do i file amotion? will I need an attorney or letter from doctors?
Kirk Adams : Upon showing that, the court can enter an order cancelling the letters of guardianship/conservatorship.
Kirk Adams : A motion is just a simple document that you file to ask the court to take an action.
so just letter or documentation from doctor????
Kirk Adams : You would need an affidavit from the doctor to attach to the motion. THe affidavit is a sworn (notarized) statement from the doctor that says the person is mentally competent to handle his/her own affairs and that a guardianship/conservatorship is no longer needed.
Do i need to get form ?
Kirk Adams : Also, a motion is simply the way you ask the court to address and decide an issue. You would use the heading of the case and title it Motion to Revoke Letters of Guardianship/Conservatorship.
Kirk Adams : Then simply state in the motion the facts that makes the previously granted guardianship/conservatorship unnecessary.
Kirk Adams : There's likely no "form" for the affidavit or motion. It would be something you'd have to draft yourself.
what is the rate of success in this matter???
Kirk Adams : Should be near 100%. If the guardian/conservator is willing to vacate the order, and if the person who is the subject of the guardianship/conservatorship and the doctor believes the person is competent to handle his/her own affairs, it should be no problem.
where can I call you if I have any additional questions?
Kirk Adams : You can ask additional questions right here in this same line - - even after you rate/accept our conversation, it will remain open and you can post to it later.
thank you. Will i get you each time or someone different?
Kirk Adams : If you come back to this particular question, it will be directed to me, or if you begin a new question, you can start it with "For Kirk Adams" and it will be directed to me.