Mark E. Biernath's Answers

My roommate is showing signs of Schitzophrenia but she refuses to get medical help - can I have her admitted?

DISCLAIMER: INFORMATION PROVIDED HERE IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE NOR DOES IT CREATE AN ATTORNEY CLIENT RELATIONSHIP You have a very difficult situation. You should contact your local mental health resources. Contact the State Department of Human Services, Office of Mental Health and Addiction Services at 503-945-5763 and express your concerns, they will be able to direct you further.

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I fired my trustee a year ago. Should it take my attorney so long finding another.?

While a year does seem to be a long time to identify and have someone qualify and accept serving as the trustee, there are many factors that can affect finding a trustee. Some of those factors include the value of the trust assets, the availability and thoroughness of the trust records, whether the acts of the previous trustee must be audited, among many others. A new trustee is generally not interested in taking on the liability of a previous trustee. Since you mentioned this is a special...

Do I really need to apply for guardianship?

DISCLAIMER: INFORMATION PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE NOR DOES THIS POST CREATE AN ATTORNEY CLIENT RELATIONSHIP A mere diagnosis of Down's Syndrome is not sufficient information to determine whether someone needs a guardianship. The typical question is whether the individual is capable of making or communicating a significant responsible decision concerning their health, safety, or welfare. If he is able to communicate and make such decisions,...

Do the social workers involved in the care of my son ( I am his guardian) have the right to hospitalize him without my consent?

DISCLAIMER: THIS INFORMATION IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE, NOR IS ANY KIND OF ATTORNEY-CLIENT RELATIONSHIP CREATED If you are the court appointed guardian, meaning you have letters of guardianship issued by the court, you are the only person who can give informed consent for treatment. There is however the possibility of an involuntary comittal, if an appropriate professional makes the determination that an individual is a danger to...

Is a legal guardianship recognized from state to state?

DISCLAIMER: INFORMATION PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE Guardianships granted in one state are recognized in other states because of the "full faith and credit" clause of the United States Constitution. But, to permanently relocate a ward form the jurisdiction of the court granting the guardianship usually requires permission from the probate court, and often as part of their requirements for allowing the move, they will require that you transfer...

Personal & legal rights while under guardianship

It would help to know what you are trying to do and if you feel you in fact need a guardian. This all depends on your state law, but generally the ward (you) always retains the right to challenge the need for the guardianship and the right to independent legal counsel. So you should have the right to go to court and ask the judge to restore your rights, or to restore some of your rights (if not all). This of course will depend on the nature of your disabilities and your ability to make...

At what age should you create a will?

At what age? The age when you have assets or people you care about and want to protect. From your desciption you have both. Savings and investments may have POD (pay on death) Beneficiaries, but what happens if all your POD Beneficiaries don't survive you? Do you have siblings, nieces, or nephews? You also don't mention how your house is titled, as the previous answer states, a will allows you to build in some redundant safety features in your planning. Also, if you may have children in...

Best Will application

Your question demonstrates a level of confusion which the software will not help you with. Are you looking for a "living will" which is a document through which you can express your desires regarding end of life treatment, such as withdrawing life sustaining or death delaying medical procedures if you are in a state of permanent unconsciousness. Or are you really asking about creating a "last will and testament" which disposes of your property upon death and assures court involvement with your...

Testimentary Trust

The problem with testamentary trusts are that they do not exist until the will is admitted to probate and probate creates the trust, so if the will cannot be admitted to probate, the trust never gets created, so what you have described above, the will was revoked by the new marriage, so the will cannot be probated, therefore the trust is never created. If there is no will, then his assets will pass according to intestacy, according to the law of the jurisdiction where he was last domiciled,...