Do I need an attorney to represent me as I seek guardianship of my incapacitated parent?

I hold temporary guardianship, and need to sell
my parent’s home to afford her assisted living.

Asked on June 4, 2017 under Estate Planning, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you do need an attorney, because when you are seeking guardianship of another person, you are bringing a cause of action on their behalf or for them, and not representing yourself (e.g. you are not the party involved in the action; it is not your rights at stake; etc.). A non-lawyer cannot represent another person, only him/herself (e.g. if you are sued over a fender bender, you can be your own attorney); you must have an attorney for this.
Your lawyer appears to be overcharging you; you don't have to stick with him, but should shop around and find another.

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