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Irwin Law
Irwin Law, Attorney
Category: Family Law
Satisfied Customers: 6855
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I have a 85 year old aunt that her husband passed away and

Customer Question

I have a 85 year old aunt that her husband passed away and they put her in a hospice home and she is not dying she has no family that will help her she is in Alabama I want to get legal guardianship and move her here to a nursing home or retirement home so we can take care of her
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: I am in Georgia and she is in Alabama
JA: Have you talked to a lawyer yet?
Customer: no we just found out about it and went and took her home for 3 days
JA: Anything else you think the lawyer should know?
Customer: there is wills written we have them but they were written in 2009
Submitted: 3 months ago.
Category: Family Law
Expert:  Irwin Law replied 3 months ago.

The general rule of who can obtain guardianship over a person is that first, the person must either consent to the appointment if they are of sound mind, or there must be medical evidence of incompetence. Next, the preferred person to serve as guardian would be the closest living relatives. Are you that? The court will require you to give notice to her relatives. Other relatives may file objections to having you appointed, in which case the court will have to decide what is in the lady's best interests. It would be advisable to employ a lawyer to assist you in this technical process.

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Customer: replied 3 months ago.
she has 2 sons but neither want to look after her my sister and myself are her nieces there is no more relatives one son dont even want to talk to her he treated her really bad on phone both sons are ommited from her will
Expert:  Irwin Law replied 3 months ago.

They don't sound like qualified guardians to me, but nevertheless your court may require them to sign consents, or be given notice of a hearing at which they can attend and express their opinions, or not. The lady's net worth and her will, will often come into play in guardianship proceedings.

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Customer: replied 3 months ago.
what are my first steps to get guardianship and she wants to come down here with us
Expert:  Irwin Law replied 3 months ago.

First, consult an attorney to see what kind of residence period Is necessary for your aunt in order for your court to take jurisdiction in the matter. Have the attorney speak with your aunt to see what her condition is, and possibly have her current Dr. write an opinion letter about it. The attorney can tell you what has to be done from that point and assist you in filing the necessary papers with the court. It is not recommended that this be done pro se. Especially if your aunt has enough funds to pay an attorney for the necessary services.

Customer: replied 3 months ago.
she has over 100,000 in the bank and social services told me that she should give it away or they will throw her out of the home shes in and take her disability
Expert:  Irwin Law replied 3 months ago.

I don't know all of the circumstances, so I cannot comment on that aspect of the problem. I do know that if she is admitted into a nursing home, the money that she has in the guardianship will be liable for payment. There may be ways to avoid that, but that's a specialty area in elder law.Please enter a positive rating for this assistance at this point, and I thank you for using JUST ANSWER. There is no additional charge for entering the rating.

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