Guardianship
QUERY
Dear Attorney Williams:
My aunt is incapacitated and not able to make decisions for herself. I'm probably the only relative that she can depend on. What I'd like to do is oversee her affairs. It might be too late to have her sign a power of attorney because she is basically in a coma and cannot give authorization. What should I do?-Reader
SNAPPY SOLUTION
Dear Reader:
You should contact an attorney who handles guardianships. Becoming the guardian of your aunt will give you authority, by a court of law, to oversee and represent your aunt's affairs. You will not be requested or expected to use your own financial resources to ensure that your aunt's finances are taken care of. The financial resources of your aunt should be used to settle all of her claims, especially those of creditors.
Items that may need tending to quickly include paying creditors, arranging for long term health care for your aunt and even making future plans for her estate, especially if she has property or other assets such as checking, savings, and money market accounts.
An attorney may charge a hefty fee to do a guardianship. If so, use your aunt's source of funds to pay the attorneys fees and costs. Make sure you keep all receipts, including items that you pay for, so that you'll have a record for the reimbursements that you'll probably require.
If you have a legal issue on your mind, write me at info@legaldigestonline.com or PO Box 5555, Tallahassee, Florida 32314.
My name is Keshya Williams, a Florida attorney, and I have been answering legal questions online and in Florida newspapers for 13 years. If you need a legal question answered accurately within 24 hours for a nominal fee, log onto my web site - LegalDigestOnline.com.
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Help me decide what to do about my Dad?
HI guys,
I haven't really been active on here in a long time but I'm at a bit of a crossroads in my life.
My dad and I do not have a great relationship, he was always distant when I was younger and eventually left when I was 12 years old. The year leading up to this he would make false promises and never be home. Needless to say I have always wondered where or who he was with.
Anyway he moved out and divorced my Mum with an agreement that they BOTH made. She would not take half of his business on the condition that me and my mum could live in the house I was raised in and that he would pay support until I was out of education. It was agreed that he would pay £200 a month while I was in term or under my mothers care.
So for example he would have to pay on the 12 months when I was living at home and at high school but only the months I was at Uni terms when I lived in my flat.
So over the years my relationship with my dad has gotten worse and worse, he met a new woman a year after he left who had a son around my age. My dad then went on to effectively pretend I was non existent and treated the other boy like his son. The only connection he had with me seemed to be the burden of paying child support. He would bring the boy when he had put time aside for me making it effectively worthless.
So I came to uni in 2009 and ever since then my dad has been nothing but an asshole. He seems to think I ask for money, drink, do drugs, ignore my family and live in fantasy land being supported only by him. Let me be clear, I have never done drugs, work hard at university, maintain a great relationship with the rest of my family and have a very strong committed relationship, which my dad hasn't even bothered to ask to meet her after 2 years.
He has decided that because my behavior is so bad and that I am so ungrateful that he does not to pay the support he is legally bonded to. Now because I am over 18 it is up to me to take action. I can either let him away with it or take him to court.
He likes to remind me I dont have a job, I understand this point he makes, I do try to find work but I am in a very important year of study and it is difficult to find one. I am making excuses here, when really there is none.
But that doesnt mean he has to treat me like I am someone I am not. I dont ever ask anything of him because quite frankly Ive come to know better. My dad refused to buy me toys or sweets etc when I was a little boy, he wasnt trying to not spoil me he was completely detached from his role of a father.
My dad thinks that because he has paid this money so far thats his job done, he knows where I live yet never comes to see me, he knows my interests but never asks, he knows about my relationship and university course but I asked him in the heat of an argument what I study and where and he got both wrong. Bearing in mind we talk on the phone once or twice a month I was disgusted by this. Sometimes I dont even answer because It doesnt even feel like im talking to my dad, he talks to me like a lawyer trying to justify himself for not wanting anything to do with me.
He claims he has no money and my mum bled him dry, yet he has an aeroplane and 2 cars. Also, the money that my mum supposedly took from him, well he was legally binded as per his signature on their divorce agreement to pay. He always tries to involve his relationship with my mum in our relationship.
So hes refusing to pay it anymore, he thinks hes basically screwed my life up and its what I need to stand on my own two feet. I think he thinks he is the only one who cares about me and that there is nobody out there that will help me through it. Effectively what he has done is nothing but show me how little he cares, its not like he gave me 200 a month as well as seeing me lots or offering to buy me a drink now and then THAT WAS ALL HE DONE. Now hes not doing anything. What a great dad.
Also its worth mentioning the £200 was meant to increase by a small amount each year but we excused him from this because he was my Dad and I didnt want to put a financial restrain on him. Now I have had enough of him treating me like this.
Do I let him away with it or not? What would you do?
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