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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 38901
Experience:  Retired (mostly)
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Elderly parent , city filed petition of guardianship, which

Customer Question

Elderly parent , city filed petition of guardianship, which isn't true need to dispute it. How?
Submitted: 2 years ago.
Category: Legal
Expert:  socrateaser replied 2 years ago.
Hello, First thing is to contact the caseworker who is handling your parent's case. The court is likely to "rubber stamp" the caseworkers recommendations -- so, if you can get the caseworker on your side, then you can avoid a lot of headache and legal expense. If not, then your parent is entitled to have a physician/psychiatrist examine her and testify in court as to her mental and physical capacity. If the physician finds that your parent is not in mental or physical distress, that will probably be sufficient for a court. You can also appear at the hearing and ask the court to appoint a physician or mental health expert, if your parent cannot afford one. However, the appointed physician may be much less inclined to support your mother's mental capacity. Your parent is entitled to appear at the hearing, and testify as to his or her condition. The most credible witness of a person's capacity, is, of course, the person themselves. Alternatively to all of the above, you could ask that you be appointed the parent's guardian, rather than the public guardian. Assuming that you are an individual with a clean public record and no "skeletons in your closet," then you may be able to be appointed conservator. Obviously, you may want to hire legal representation. But, as a general rule, the best way to win one of these cases is to impress the caseworker, because that's likely to be the person in whose opinion, the judge will be most interested. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using!