Howcan a childobtain legalresponsibility over an incapacited parent?

Get Legal Help Today

 Secured with SHA-256 Encryption

Howcan a childobtain legalresponsibility over an incapacited parent?

My aunt has had a stroke and has been deemed incapicated. She has 2 sons; 1 has been caring for her and the other has been abusing her mentally and financially. I know my eldest cousin can’t get power of attorney now because she is incapicated but is there another way that he can be deemed as the responsible party to make decisions?

Asked on August 31, 2010 under Estate Planning, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There are 2 things that your cousin can do.  One is to have himself appointed to "Guardian" over your aunt. Guardianship is where an individual is appointed by the court to handle the personal and custodial matters for an incapacitated adult. The primary responsibilities of the guardian are to decide where the ward will live and make provisions for the ward's care, comfort and maintenance, including medical and healthcare decisions.

Additionally, your cousin needs to get a conservatorship regarding your aunt. A "Conservator" is a court appointed individual or entity that handles the management of financial affairs or property.  A conservatorship is appropriate in several cases, for example, if an individual suffers from a mental or physical illness or disability; mental deficiency; advanced age; chronic use of drugs or alcohol; or any other cause to the extent that the individual lacks sufficient understanding, insight or capacity to make responsible decisions concerning their financial affairs and have not executed the proper legal documents to name an agent to make decisions for them. (ie.) Durable Power of Attorney.

Here is a site that you will find to be of help: http://www.richlandonline.com/departments/probate/guardianship.asp

Note: It's for Richland County but the forms will be the same statewide.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption