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SacredPlace1 Asked May 2013

What will I need to do to petition the court to transfer guardianship of my elderly aunt?

Do I have to have an attorney to petition the court to transfer guardianship of my elderly aunt from an extended family member? I am concerned of how he has handled her financial estate and property, as well as her medical attention. Also he does not allow my aunt to have a phone to contact other family members. He appears to be deceptive when we ask questions about her estate/affairs. Also my aunt does not like him or trust him. She has repeatedly asked me to oversee her affairs. She does not want to be managed by him. She does not get along with the guardian. He often avoids communicating to her. Again he appears to be very uneasy and not trustworthy when we approach him about her welfare and estate.

sunflo2 May 2013
Is your aunt incompetent? Does family member have POA or does he have legal guardianship or just assumed these responsibilities? I agree contact an attorney and have proof, documentation of your suspicions. They will advise you of next steps.

jeannegibbs May 2013
Yes, I think you will need an attorney.

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HOUSEhold6 May 2013
That is a great question. I wish I knew the answer! I know that there have been so many POA's who have taken financial advantage of those they are suppose to be helping. It seems like there needs to be a law put into place to protect the elderly and their assets. Somehow......someway there needs to be an audit done..at least every 6 months. I will look into it and see if I can find anything.

LEP627 May 2013
As someone who is fighting a sibling right now (he does nothing, but keeps accusing me of things to Adult Protective Services), I suggest you get an attorney. I worked in the legal profession for over 20 years, and there is no way I would try this without an attorney. These situations become nasty very quickly, and you need a professional to help.

Your local or state Bar Association, or council on aging, or Alzheimer's Association have lists of Elder Attorneys. I would suggest contacting local elder services companies for recommendations. The Bar Association charges $50 or so for a referral.

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