How to Get an Attorney to Help a Family Member Who Can’t Take Care of Themselves?

Question from Dove, How to Get an Attorney to Help a Family Member Who Can’t Take Care of Themselves?

Answer from AI:

If you have a family member who is unable to take care of themselves and needs help getting back on their medication or managing their affairs, you may need to seek legal assistance. Here are the general steps and considerations for obtaining an attorney to help in such situations in the USA.

Understanding Guardianship and Conservatorship

In many cases, you may need to establish legal guardianship or conservatorship over your family member. This legal process allows you to make decisions on their behalf, including medical and financial decisions.

• Guardianship: This typically involves making personal and medical decisions for someone who is unable to do so themselves.
• Conservatorship: This usually involves managing the financial affairs of someone who cannot manage their own finances.

Steps to Obtain Legal Assistance

1. Assess the Situation: Determine the specific needs of your family member. Are they unable to manage their daily activities, finances, or both? This will help you decide whether you need a guardianship, conservatorship, or both.
2. Consult with an Attorney: Find an attorney who specializes in elder law or family law. They can provide guidance on the best course of action and help you understand the legal requirements in your state. You can find attorneys through:
   • American Bar Association’s Lawyer Referral Directory
   • National Academy of Elder Law Attorneys
3. File a Petition: Your attorney will help you file a petition for guardianship or conservatorship in the appropriate court. This petition will outline why your family member needs assistance and why you are a suitable guardian or conservator.
4. Attend a Court Hearing: The court will schedule a hearing to review the petition. During the hearing, the judge will consider evidence and may appoint a guardian ad litem to represent the interests of your family member.
5. Obtain a Court Order: If the judge agrees that guardianship or conservatorship is necessary, they will issue a court order granting you the authority to make decisions on behalf of your family member.

Additional Considerations

• Medical Evaluations: The court may require medical evaluations to determine your family member’s capacity to make decisions.
• Legal Fees: Be prepared for potential legal fees. Some attorneys may offer payment plans or sliding scale fees based on income.
• Ongoing Responsibilities: As a guardian or conservator, you will have ongoing responsibilities, including regular reporting to the court about your family member’s well-being and finances.

When to Seek Legal Advice

It is crucial to seek legal advice if you are unsure about any part of the process or if your family member’s situation is complex. An attorney can provide personalized guidance and ensure that you comply with all legal requirements.

Resources for Further Information

For more detailed information, you can refer to:

• California Courts Self-Help Guide on Guardianship (Note: While this is specific to California, it provides a good overview of the process that may be similar in other states.)
• Nolo’s Guide to Guardianship and Conservatorship

Remember, each state has its own laws and procedures, so it is essential to consult with a legal professional in your jurisdiction to get accurate and relevant advice.