Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

What option is available for declaration of an elder's

Customer Question
What option is available...

What option is available for declaration of an elder's inability to care responsibly for his own safety or that of others when said person refuses to cooperate in the process? Must the affected loved ones have to wait until a crisis occurs such as a fatal auto accident or sudden medical emergency?

Lawyer's Assistant: What state is he in? It matters because laws vary by location.

Arizona; he's my husband and an alcoholic whose doctor advises him against driving for medical reasons, but the DMV required his signature to agree to revocation of his license!

Lawyer's Assistant: What steps has he taken so far?

Sorry, what steps has my husband? None; he continues to drive occasionally and never follows any doctors' recommendations.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What will this cost me?

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

Ok

Submitted: 1 month ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
3/14/2018
Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,332
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Legal Question
Customer reply replied 1 month ago
sure
Lawyer: Legal Eagle, Lawyer replied 1 month ago

Thank you for your patience on this. You shouldn't have to wait until something goes wrong as the courts have ways to help you help adults who cannot otherwise care for themselves.

It's not out of the ordinary for people to want to help take care of the medical and financial needs of another adult. To do this, you are going to need to get guardianship (sometimes called conservatorship) over the person. If you are looking to have legal rights over them, then you must go through your state's court system. It typically starts with filing a petition, which is just a request through the courts to become the person who makes decisions on their behalf. Once you fill out the petition, you should make three copies: one to you, one for the court, and\ one that may go to other people such as the person over whom you’re seeking guardianship and other family members in most jurisdictions. It is critical to understand that the courts are bound to look at what is in the best interests of the ward above all else. This means they will look into who and how the person’s health, finances, welfare, and safety are best going to be served. Sometimes, this can be inconvenient for the petitioner, but because the ward cannot protect themselves, the court takes it upon itself to protect them. The bright side is that if you understand this in advance, then you will have an edge because you’ll be seeing this process through the court’s eyes.

Regardless, once you have filed the documents, someone who is over 18 and not a party to the case will serve the document on the other party. If someone contests the guardianship, they will have a chance to respond to the petition and they will serve you as well. The court will likely set a date where they will either order mediation or they will make a decision at that time. If you can’t agree at mediation or if the court decides it needs more info, then it is likely you would go to a trial where you can put on witnesses, provide your own testimony, and let the judge make a ruling after that. Those are less likely scenarios, but they come up on occasion.

The order is enforceable from the moment it is entered and if a party fails to abide by the order, then they are going to be held in contempt of court.

How else can I help you today?

Ask Your Own Legal Question
Was this answer helpful?
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,332
10,332 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I I was in an auto accident and I found out that my
I I was in an auto accident and I found out that my insurance had expired two weeks previously … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I was a victim of an auto accident .no injuries.What am I
i was a victim of an auto accident .no injuries.What am I entitled to in the way of compensation, such as loss of use of vehicle, time ,pain and suffering ,etc … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
In federal court in a case with counterclaims does a
In federal court in a case with counterclaims does a stipulation to dismiss the case with prejudice also dismiss the counterclaims?… read more
Lori
Lori
Juris Doctor
1,090 satisfied customers
My sister was involved in an auto accident last year. Some
My sister was involved in an auto accident last year. Some random guy rear ended her. She was sent to the emergency room and a month later, was referred to an orthopedic. She underwent various treatme… read more
Sean K
Sean K
Attorney/Member
JD
451 satisfied customers
I was in an auto accident two years ago. My passenger
I was in an auto accident two years ago. My passenger refused to settle with my insurance company and is now suing me. Where can I go for help? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
What is the Statute of Liimitations in Federal Court for
What is the Statute of Liimitations in Federal Court for when restitution payments will end. I was told by my attorney 20 yrs. ago that it woud end after 25 yrs. or when I turned 65yrs. I am presently… read more
Ray
Ray
Lawyer
Doctoral Degree
32,134 satisfied customers
Wife was in an auto accident sustaining indury requireing 6
Wife was in an auto accident sustaining indury requireing 6 days ICU and10 days in hospital care, with rehabilitation upcoming. This happened at a traffic light intersection and other driver claims gr… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I was involved in an auto accident. I was not injured. The
I was involved in an auto accident. I was not injured. The other driver was found at fault. My vehicle was totaled, but insurance will only pay the KBB value, which leaves a balance. I did not have ga… read more
Damien Bosco
Damien Bosco
4,179 satisfied customers
I was involved in a auto accident in February. I made a
I was involved in a auto accident in February. I made a claim. Now my insurance company is sending out investigator. Should I have an attorney with me when they come? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,871 satisfied customers
Wanted to know if Texas and DMV share data for Driving While
Wanted to know if Texas and Virginia DMV share data for Driving While Under the Influence (NOT alcohol)? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
If I am injured in an auto accident in Florida and the other
If I am injured in an auto accident in Florida and the other driver is fault, can I receive compensation other than their insurance? example: minimum insurance of $10,000 but medical bills over that a… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
I have a question regarding conservatorships and trust.
I have a question regarding conservatorships and trust … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,659 satisfied customers
I just got into an auto accident in California and want to
I just got into an auto accident in California and want to describe the details and get advice. … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
My daughter was in an auto accident in my vehicle however,
My daughter was in an auto accident in my vehicle however, when I submitted my claim to Progressive they told me I didn't have comprehensive or collision covered with my policy. I need HELP! … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,871 satisfied customers
If someone was injured in an auto accident in ma. how after
Second opinion] if someone was injured in an auto accident in ma. how long after the accident should they hire an attorney… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was rear ended in auto accident yesterday in Pennsylvania.
I was rear ended in auto accident yesterday in Pennsylvania. I live in and my car is registered there ad well.... … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I received $6.500.00 settlement for an auto accident in
I received $6.500.00 settlement for an auto accident in which I was injured. … read more
Ray
Ray
Lawyer
Doctoral Degree
32,134 satisfied customers
I was in an auto accident, not my fault, my daughters
I was in an auto accident , not my fault, my daughters medical insurance paid medical bills (Va Premier) I received settlement, do I owe her insurance reimbursement ? … read more
Legal Eagle
Legal Eagle
Lawyer
10,332 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x