How do I apply for guardianship of my father who had a stroke and can not speak?

Question by taz3870: How do I apply for guardianship of my father who had a stroke and can not speak?
My father had a stroke and he unable to talk or sign papers for himself. I am the person who has always been in charge of his finances and health.

Best answer:

Answer by Bob
You would need to go through a lawyer to make that happen for you..

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  1. Reply
    Howard L May 23, 2013 at 2:48 pm

    I think you’re using the wrong term. You probably want power of attorney (POA) over his affairs.

    If your father is competent but unable to write he can make a mark in front of witnesses who then sign the document. If he can’t make a mark can he communicate at all? Blink his eyes, squeeze someones hand, etc something to indicate he knows what he’s doing. In some jurisdictions a statement must be made to explain why there is no signature. You should seek the advice of an attorney in your area who will be able to explain your options and draft a valid POA for you.

  2. Reply
    Michael H May 23, 2013 at 2:51 pm

    The laws vary from state to state, and this is an issue that you want professional representation for.

    In essence, you have to prove to the court that he is no longer able to care for himself, and that you are the best person to do the job. Any relatives that he has will be notified that you are intending to take guardianship and they have every legal right to object to YOU being the guardian.

    If no family members object, it should be smooth sailing, if not, prepare for an expensive and bumpy ride.

    Remember that as his legal guardian, you also become resonsible for his care, his needs and his debts. So proceed with caution.

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