I have legal guardienship over her and I would like to move from one state to another State, do we need to pitition the courts to do this or can I just move her?
I guess it should be pretty clear to everyone at this point that what I suggested in a previous post is true: when a person has a guardian or conservator, that person is in a sense a ward of the court, the court retains jurisdiction. Wellington, if you attempted in good faith to get the VA lawyer to handle the proper paperwork and s/he did not, I believe you have good cause to challenge any bill. But you haven't said you owe any money to that lawyer you have only said more money is wanted to straighten out the paperwork.
You may be able to ask your Ohio lawyer to review a personal letter that you draft and send directly to the Virginia Court along with your current guardianship paperwork from Ohio and played with the judge for financial hardship 2 please simply vacate the Virginia guardianship order. That would be what I try first before spending any other money.
Well, I'll revise my advice too after reading about Wellington. It seems to be easier to cross the border illegally than to transport an American citizen to another state. If you owe this former attorney money, then pay it. But, if he keeps tying you up in litigation in VA, contact the VA attorney general's office making a complaint, as well as the VA Bar Association. Let us know...
OMG - Wellington, Sherri - you have experienced the worse case scenario of what I was guessing could happen in my post up above. I'm going to send you a hug. UN believable ! !
I did this. It was a nightmare. I had legal guardianship in Virginia. I was told that I couldn't move my mil to another state unless the state gave me legal guardianship there before she moved. I was told that I couldn't get guardianship in Ohio unless she physically lived in Ohio. It was a catch-22. I had to move her to Ohio without the legal "right" to do so from Virginia. I received guardianship in Ohio within 2 weeks (great Ohio lawyer) but am still dealing with the VA lawyer who keeps demanding money to set it straight. Good luck!
What does she think of the move? When my in-laws moved my grandma, from IL to AZ, she was so disoriented that they had to fly her to IL. first class. Sometimes a major move is not good for the elderly.
My just passed January 2013, at 94-1/2, from pneumonia but after about 5 years of drug-induced dementia. We had daytime assistance 6 days a week but I was her 24 /7 caregiver. My sibling was her conservator. I was informed that she was not to be transported over state lines without the permission of the court. This is California, and it may be different in other states.
I'm just surmising here but when you have a guardianship or conservatorship, there are reporting responsibilities to the court. once a person has been determined to be impaired (incompetent) and in need of a conservativor (or guardian), I believe the court retains jurisdiction over that person. It then maybe come a legal jurisdictional issue to relocate the person out of the state.
Not that it couldn't be done, especially if it's in the best interest of the person to move them closer to you, but the judge in the court of her case may require to see the arrangements and I'm guessing would require conservatorship filing to be in place in the new state before release of the conservatee to allow the move.
This is just background information and conjecture. You and your wife had to use an attorney to petition the court for the guardianship in the first place and are probably (?) still using said attorney to file the required financial reporting documents, aren't you? Your attorney will know the proper procedure for you to follow.
I could be wrong but I don't think you can just pack her up and move her without the courts permission. It would be great if you let us know what you find out. Networking this kind of information helps everyone. Thank you and good luck.
According legal guardianship "There are numerous circumstances that can cause a person to need a legal guardian. Guardians are appointed for children and adults alike. Appointed persons are often family members that are concerned about a relative minor or ill adult. Guardianship can often easily be obtained if no one contests the petition. However, it is extremely important to take all of the proper steps to become a legal guardian in order to ensure that you do not have trouble in the future."
What could possibly prevent you from doing this? We recently moved my mother-in-law from an assisted living facility in Florida to another facility in Vermont, where we can visit her more often. It would seem only reasonable that you would want her to be closer in order to care for her more effectively. Believe me, long-distance caregiving is a real problem. The court is not your mom's guardian, and should have no say in the move.
I believe they mostly want to make sure that the authority and responsibility have been properly and legally transferred, what you have done.
GOOD JOB !
You may be able to ask your Ohio lawyer to review a personal letter that you draft and send directly to the Virginia Court along with your current guardianship paperwork from Ohio and played with the judge for financial hardship 2 please simply vacate the Virginia guardianship order. That would be what I try first before spending any other money.
I'm just surmising here but when you have a guardianship or conservatorship, there are reporting responsibilities to the court. once a person has been determined to be impaired (incompetent) and in need of a conservativor (or guardian), I believe the court retains jurisdiction over that person. It then maybe come a legal jurisdictional issue to relocate the person out of the state.
Not that it couldn't be done, especially if it's in the best interest of the person to move them closer to you, but the judge in the court of her case may require to see the arrangements and I'm guessing would require conservatorship filing to be in place in the new state before release of the conservatee to allow the move.
This is just background information and conjecture. You and your wife had to use an attorney to petition the court for the guardianship in the first place and are probably (?) still using said attorney to file the required financial reporting documents, aren't you? Your attorney will know the proper procedure for you to follow.
I could be wrong but I don't think you can just pack her up and move her without the courts permission. It would be great if you let us know what you find out. Networking this kind of information helps everyone. Thank you and good luck.
"There are numerous circumstances that can cause a person to need a legal guardian. Guardians are appointed for children and adults alike. Appointed persons are often family members that are concerned about a relative minor or ill adult. Guardianship can often easily be obtained if no one contests the petition. However, it is extremely important to take all of the proper steps to become a legal guardian in order to ensure that you do not have trouble in the future."
So You Can :)