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I just received a call from .The said he asked the guardian…

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I just received a call...
I just received a call from Ward.The ward said he asked the guardian to take him to make amends to his Will, The guardian is refusing to do so.His other friends suggested he contact the judge by letter,I told him I don’t know what or anything he can do be will check.
Submitted: 4 months ago.Category: Family Law
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Answered in 21 minutes by:
3/10/2018
Family Lawyer: Sean K, Family Law Attorney replied 4 months ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 869
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

I am sorry to hear your friend is experiencing this, but the reality of adult guardianships is that the Wards can lose many basic rights to a Guardian.

When a Guardian is put in place, an order is issued by the Court. This document will set out what the Guardian is allowed to do. If the authority allows the Guardian to prohibit a change to a will, the Ward can likely do nothing to change the will. It would not be out of the question for this to be within the power of a Guardian.

Guardians are put in place to serve and protect their Ward's best interest and well-being. Often times this means protection from not only third parties but the Ward themselves. I would encourage you to look at the Order appointing the Guardian and see if this authority is included.

As to writing the judge, judges have restrictions on considering anything from only one party. Such is called Ex Parte communications and this is not allowed. In all likelihood, if the judge was sent a letter the judge would not even see it as it would likely be intercepted by a clerk. This is not to say that a hearing could not be requested, but Guardianships can be difficult to live.

i have attached here as a resource a Texas Guide to Adult Guardianships that you can review and share with your friend.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Customer reply replied 4 months ago
I have the Ward on the phone now, The guardian have all the power he states she is not acting in his best interest.Fuss and yell at him,will not take him out.Will not allow any visitors,She throw him in a nurse home. He is crying and wants to be home, he says if the judge says he needs 24 hours care he will do it. I told him the Judge will not read his letter. Any more options for him? He is seeking a new guardian also.
Family Lawyer: Sean K, Family Law Attorney replied 4 months ago

The avenue would be to seek a hearing before the Court where all parties appear. This would allow him to have a judge listen and address his concerns. He could also ask for a new guardian. I would also consider speaking to an Elder Care lawyer who could provide assistance.

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Customer reply replied 4 months ago
How can this request be made? Can the Ward make the request in writing?
Family Lawyer: Sean K, Family Law Attorney replied 4 months ago

That would have to be made in writing to the Court. I would suggest two things - first review the Adult Guardianship link i sent. Secondly, I have attached a link to the Texas State Bar and specifically a link to Pro Bono and lawyer referrals. I would suggest contacting an Elder Care lawyer and address the situation with them. They will be able to provide guidance and file anything necessary. The Pro Bono resources allows this at low to no costs to the Ward.

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Customer reply replied 4 months ago
I was just informed the Ward revoked the power attorney rights and started to change his Will. Before she was the guardian. Is there any weight to this matter.
Family Lawyer: Sean K, Family Law Attorney replied 4 months ago

That is pertinent. The question I would want to know is who started the process of getting the Ward a Guardian? It is possible that this was the original reason for the petition/application for the Guardian. It would be very likely to show that this was in place and, if not what the Court used to appoint a Guardian, then this would be potentially helpful to have the Guardianship modified.

I do want to stress the need for an Elder Lawyer.

Let me know if there are more questions and 5 star ratings are always appreciated and you can still ask questions after rating.

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Customer reply replied 4 months ago
The guardian start it. The ward told a family member-and the family member told the now guardian his plans. The Guard***** *****ed to used imminent danger to get this process in 4- to 5 months. The guard***** *****ed about everything. No one check it out
Family Lawyer: Sean K, Family Law Attorney replied 4 months ago

The plan should be

Review the resources I sent.

Contact and meet with an elder care lawyer

Go back to court in the best position to have a court consider changing it

Please let me know if there any other question and I thank you in advance for rating me.

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Customer reply replied 4 months ago
Pro Bono lawyer will not touch this! I was just trying to help a friend.
Family Lawyer: Sean K, Family Law Attorney replied 4 months ago

For informational purposes, I hear that a lot and I have learned in the last 20 years, that it is surprising what lawyers will do and how willing Pro Bono lawyers are. I am also a firm believer that until someone is asked they can't say no. I would still try.

Best of luck and thanks again!

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