For example, Margaret and Susan are going home for the holiday visiting their elderly father. They find that while he's still handling to care for himself personally that his vision is beginning to fail. His checking account is overdrawn and he has money missing from his checking account where he has paid someone to make repairs on the home that were never completed.
The father didn't perform a durable power attorney that could allow his daughters to take over his affairs. Their only recourse is to record a petition with the judge and has that the judge determine that their dad is no more competent to take care of his financial affairs and demand that you or both of these be appointed the guardian of the father's property. To know more about elder law, you can also contact farmington hills elder law attorney.
This would require:
– Hiring an attorney to draft the petition and file for guardianship with the court;
– Paying the appropriate filing fees;
– Notifying parties in interest;
– Appointing of the Guardian at Litem in most states to represent the interest of the father
– Medical analysis of the father to determine his mental and health; and
– A hearing before to the Court to rule on the question of guardianship.
Processing a guardianship petition with the Courtroom is definitely an expensive and time-consuming affair. The only path to avoid this when working with older parents is to possess performed a durable vitality of attorney before maturing parents become incapacitated.