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Is the signature of a senior citizen necessary to gain guardianship and conservatorship of a relative suffering from dementia

Southfield, MI |

The mother is 88 years old with dementia

Attorney Answers 4

Posted

You are asking if you need the person who will be the "ward" to sign in order to obtain guardianship? The answer is no in most situations I can think of - at least where I practice. Keep in mind that usually we are saying the person doesn't have legal capacity so if they are signing something you are in essence saying they don't understand what they are signing.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/

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Posted

No. If they are in need of it you should file a petition and the court will set a hearing and listen to the reasons one is necessary. Then make a ruling.

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Posted

Guardianship and conservatorship are probate court proceedings. You do not need the proposed ward to sign anything. Of course, if the proposed ward has legal capacity, she can sign a durable power of attorney for health and financial matters, thereby avoiding the need for probate proceedings, and likely saving $2,000 or more. This should be handled by a lawyer. It is not expensive, if your mother has capacity.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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Posted

No, the proposed ward does not need to sign the Petition to have someone appointed their guardian/conservator. They can however, sign a nomination on the conservatorship petition indicating who they would like to serve as their conservator.

You may want to consider hiring an attorney to assist you with obtaining guardianship/conservatorship. Many of us offer a free phone consultation, so it's worth picking up the phone and getting some more information.

Julie Paquette

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