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legalgems, Lawyer
Category: Legal
Satisfied Customers: 10484
Experience:  Just Answer consultant at Self employed
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If a married couple is in a car accident and a spouse

Customer Question

if a married couple is in a car accident and a spouse sustains a brain injury, does the healthy spouse automatically become the injured spouses guardian
JA: What state are you in? It matters because laws vary by location.
Customer: ohio
JA: Has anything been filed or reported?
Customer: what do you mean anything been filed
JA: Anything else you want the lawyer to know before I connect you?
Customer: trying to receive ssi for the injured party and are concerned about guardianship
Submitted: 1 year ago.
Category: Legal
Expert:  legalgems replied 1 year ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Customer: replied 1 year ago.
if a guardian needs to be assigned to file for SSI can the application be submitted prior to assigned guardianship
Expert:  legalgems replied 1 year ago.

Only the court has the authority to appoint a guardian; spouses and other family members are generally given priority if an adult becomes incapacitated; the person desiring to be appointed must petition the court for the appointment.

Please see

Here is the court order that the judge will sign:

These "letters" give the guardian the legal authority to act on behalf of the incapacitated person. That person can then collect any money owing to the ward, pay bills on their behalf out of their assets, etc.

Additional information here

Most people will hire an attorney to assist with the paperwork although it is not required.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 1 year ago.
you are telling me that the incapacitated person's husband does not automatically become the guardian
Expert:  legalgems replied 1 year ago.

That is correct; only the court can appoint a guardian-however, they will typically grant a petition filed by the spouse. This process can be avoided if one has a trust that takes effect upon incapacitation-in which case the named trustee would then serve as guardian; but other than that narrow provision, a judge needs to issue Letters in order for a third party to recognize the legal authority of the individual.

Customer: replied 1 year ago.
thank you.
Expert:  legalgems replied 1 year ago.

You are most welcome;

kindly rate positively if no further questions if you feel I have earned 5 stars!

Expert:  legalgems replied 1 year ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

otherwise please rate good, or preferably excellent so I continue to have high customer satisfaction scores, so as to continue providing affordable information to customers on this site!

Thank you!