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STrego Asked April 2017

Do I need an attorney to file for guardianship of my parent?

I believe I need to file for Guardianship for my mother's finances as she is making very rash and costly decisions regarding her banking and the money that was put in savings to help take care of her. She has the symptoms of dementia, and we are seeking a statement from her doctor.

97yroldmom Apr 2017
My friend was considering guardisnship of her sister who lives in California. I was helping her do some research and found online all the steps including a regular meeting you could attend to understand what would be required. But, I agree that while you might not have to use a lawyer, it's probably best if you do. It's a case of not knowing what you don't know.

Sunnygirl1 Apr 2017
Most of the time, you are not required to have an attorney when going to court, but, you may be severely disadvantaged if you don't. The experienced attorney knows the law and what is required to prove your case. States differ on what is required, the process, etc. (Like in my state, they don't require 2 doctors and they look at things other than medical, such as if the person able to run their own household.) It may be a wise investment and in some places, if you prevail and the Ward has the funds, the court will reimburse you the attorneys fees after the matter is resolved in court. I'd ask the lawyer about that and if that's allowed in your jurisdiction. Even if you have a strong case, if you don't know how to properly present it, you could suffer.

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notrydoyoda Apr 2017
Yes, you need an attorney for you are going to court. Your mother needs more than just symptoms of dementia. She needs for two doctors to diagnose her as incompetent to manage her affairs in a business like manner. I wish you the best.

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