• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Hearing coming up.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

NellieBly

Member
What is the name of your state (only U.S. law)? MA

I was appointed the guardian of my cousin, who nearly died, but made a miraculous recovery (Hurray!).

We have a hearing coming up to determine whether or not she still needs a guardian.

She has resumed her normal activities and lives independently.

What proof do I need to bring to the hearing?

Will her presence be enough?
 


justalayman

Senior Member
are you saying your intent is to have the guardianship discontinued?

What brought about the need for a guardianship? Who initiated the action to order a guardian and what was used to prove the need for a guardian?
 

NellieBly

Member
are you saying your intent is to have the guardianship discontinued?

What brought about the need for a guardianship? Who initiated the action to order a guardian and what was used to prove the need for a guardian?
She became extremely ill to the extent of having no memory how she got to the ER. I'm assuming the fact that she was comatose was adequate proof.

The hospital contacted me because she needed someone to make medical decisions on her behalf. I suppose she had ID on her and they contacted the management of her housing complex, where I'm her emergency contact.
 

justalayman

Senior Member
She became extremely ill to the extent of having no memory how she got to the ER. I'm assuming the fact that she was comatose was adequate proof.

The hospital contacted me because she needed someone to make medical decisions on her behalf. I suppose she had ID on her and they contacted the management of her housing complex, where I'm her emergency contact.
so, you went to court seeking the guardianship?

I suspect you will require, at least, a statement by her doctor that she is "of sound mind" and capable of handling her own affairs. If the court needs more than that along with her being there being able to respond to questions, and yourself in the same capacity, they will tell you so. If they need more, it is not something you can really do prior to the hearing anyway as they would ask for a specific test or such.
 

NellieBly

Member
so, you went to court seeking the guardianship?

I suspect you will require, at least, a statement by her doctor that she is "of sound mind" and capable of handling her own affairs. If the court needs more than that along with her being there being able to respond to questions, and yourself in the same capacity, they will tell you so. If they need more, it is not something you can really do prior to the hearing anyway as they would ask for a specific test or such.
The hospital initiated the proceedings. I couldn't attend the hearings because they were held far away (where she lives) and I had no car at the time.

Well, I will call the court and ask which documents I need to bring.

Honestly, I never saw anyone make such a quick and complete recovery.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top