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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 9910
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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My Aunt was brought to courthouse 30 years ago and deemed

Customer Question

My Aunt was brought to courthouse 30 years ago and deemed incompetent by the court. Her husband was named her guardian. Her husband died March 1, 2016. Can my aunt hire a lawyer to defend herself? My Aunt was left a sizeable estate and her brother in law is petitioning to be named her guardian. Her brother in law also contacted brokerage company that she was beneficiary to gain access to that account.
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.

What state is this in regards to? Also has a replacement guardian been appointed?

Customer: replied 1 year ago.
Pennsylvania, no a replacement guardian has not been chosen, the brother in law has petitioned for the guardianship, my aunt does not like nor trust him.
Customer: replied 1 year ago.
My Aunt would like to fight this, and if she needs a guardian she would ike me to be the guardian. She was diagnosed with schizophrenia and takes sees her doctor 3 times a year.
Customer: replied 1 year ago.
My Aunt has been living by herself since January 19, she drives, her house is immaculate, she makes her own meals. She has always been independent.
Customer: replied 1 year ago.
My Aunt is 75 years old, no will, but she was left beneficiary in all accounts, and this is a sizeable estate.
Expert:  LegalGems replied 1 year ago.

Thank you for your patience as I reviewed this. Upon the death of a guardian, the court will typically appoint a successor-an interested party may petition.

While that petition is pending, the ward may petition the court to request an independent evaluation to determine capacity under 20 PA 5511 and as set forth in In Re Hyman 811 A2d 605. If the ward is determined to be competent there would be no need for a replacement guardian and the petition will be dismissed.

When there are competing petitions they will generally appoint the ward's preference (please see page 2 of the above).

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