How do I get guardianship over my legally incompetent grandfather and his estate?

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How do I get guardianship over my legally incompetent grandfather and his estate?

I need to become guardian over my grandfather in order to pay his bills/sign legal and medical documents etc. He has been deemed incompetent to make decisions and sign any paperwork. He is widowed, had 3 sons, 2 of whom are deceased and 1 has not responded to any messages regarding this situation. I live in NY and my grandfather resides in FL. We in NY have Surrogates Court, FL has Probate Court. Is that where I go? What exactly do I file for?

Asked on January 2, 2012 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for the situation with your grandfather.   The court must have jurisdiction over your Grandfather and the subject matter in order to be able to make a determination on his competancy and appoint you as the guardian and conservator of his estate.  They generally obtain that through residency in most actions.  And they may in fact require a hearing where you would have to bring your Grandfather in for a Judge to determine the best course.  You will need an attorney in Florida who can do all the work for you and then probably just fly in for the hearing.  Good luck to you.  It is commendable that you are willing to take this on.   


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