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Plenary Guardianship Questions

What is a Plenary Guardianship?

Plenary guardianship is where the court gives the guardian legal rights and duties for someone else, after the court finds they are not capable of taking care of themselves. The court may appoint someone plenary guardianship when they find that someone lacks the responsibility of caring for a child, or the elderly or even themselves. Plenary guardianship may also include that the parent has all rights to the child, and is able to make the child’s decisions for them up until they reach the age of 18. Read below where experienced Experts have provided answers to plenary guardianship related questions.

In the state of Pennsylvania what is plenary guardianship?

A plenary guardianship is appointed by the court; these people have all rights and power to guardians under the law. People that receive a plenary guardianship are those that are not capable of caring for them. Sometimes the court will order a limited guardianship, which is where they only have rights and powers over a certain aspect of a person’s life. The plenary guardian is responsible for the person’s health decisions, personal care, and financial decisions and many more legal guardianship duties.

If a child wants to live a year in a different state with their grandparents what kind of legal form needs to be filled out so the grandparents can enroll them in school and doctor appointments if needed?

They can provide the grandparents with either temporary custody or guardianship, so that they can enroll the child in school, take them to doctor appointments and make decisions in regarding the care of the child. A guardianship will make a legal relationship between the guardian and the child, but only for certain amount of time. There are many different types of guardianships some that are very limited and they can receive guardianship without taking the rights from the parents. A guardian of the person would be responsible for everything outside of the child’s property and finances. This person would be responsible for making decisions regarding health, education, and other decisions that would affect the child’s life. Plenary Guardianship is the closest legal definition for rights and responsibilities that are related to parenthood. The plenary guardianship oversees the person and their estate, with that being said they will be able to make all decisions regarding the child. The only limitation would be whatever the court orders. Either way whatever route they want to take, they would need to consult legal advice and file a petition for guardianship.

If the plenary guardian passes away can the child remain in the care of a family member until successor guardianship is completed?

The family member will usually take the child into their care unofficially until the guardianship is completed. The thing for that family member needs to do is petition for emergency guardianship, which will be granted very quickly to ensure the child stays with the family.

As someone’s legal guardian do they have the right to move someone’s IRA account to another financial institute in the state of Illinois?

Yes, as a legal guardian they have the right to do so, although there are something’s to consider. There seven different types of guardianship in Illinois. They would need to go over their actual legal papers. If the court granted a “Plenary Guardianship” or “Guardianship of the Estate” then everything should be fine. However if the paper states “Limited Guardianship” or “Guardianship of the Person” then they would encounter some difficulties in moving the account.

How can someone receive power of attorney of someone who is in a coma?

To receive power of attorney the person that is in the coma would need to sign papers stating that they giving someone power of attorney, but in this case it’s not possible. The person seeking power of attorney would need to file for guardianship. Guardianship must be appointed by the interested person. This kind of petition would include their name, date of birth, address of the person that needs a guardian. A report must be filed by the doctor stating the physical and mental incapability of the person; this would help the judge on which guardianship needs to be granted.

When talking about guardianship, and which type someone should petition before the court, it can become a little confusing. Talk to a legal Experts with the questions you may have and get answers based on an Expert evaluation of your case details.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9160
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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