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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My father is a incapacitated adult. My grandfather my father's

Customer Question

My father is a incapacitated adult. My grandfather my father's dad has been serving as his legal guardian. My grandfather is suffering from a terminal illness and may pass away at any time and is no longer able to serve as my father's legal guardian. What do I need to do to have myself appointed as my father's legal guardian?
Submitted: 2 years ago.
Category: Legal
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am very sorry to hear about this situation. What a person does in this case is file an intervention - a type of pleading that has the person JOIN the case as an interested party - and in that intervention, request that the Court SHIFT the guardianship order from grandfather to you.
All parties are to be served (father and grandfather included) and can argue against it if they want to. However, they can also approved. In the end, the Judge will make the decision based on the need of the ward (i.e. father).
COUNSEL is recommended for this. Let me know if you need help finding anyone.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 2 years ago.
My grandfather is in a coma and unable to communicate. How would this affect this process? If my grandfather passes away before this can be completed how would that affect the process? Can my father (ward) give his approval of me as his guardian in writing?
Expert:  Ely replied 2 years ago.
It should make it easier, actually, as the Court is much more likely to act faster.
If he passes away, same answer.
The father MAY INDEED give the approval in writing, and, this is recommended. If he does, he does not have to be served.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.