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Who can be a guardian?

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wouldbeguardian

Junior Member
What is the name of your state? Ohio

My MIL has been found incompetent by a court appointed physician. Final probate ruling on competency is impending. (This is a good thing.) My wife and I are looking at guardian of the person and estate. My own history is very clean: no arrests, no convictions, no civil actions, good credit, stable professional employment, own real property, have a 6 figure net worth, etc. My adversary is my MILs daughter (my sis in law) who has a shoplifting theft conviction and a documented financial history of turning over real and titled property for inability to pay payments (foreclosure and repod assets), no visible means of support and no real property or other financial assets. I assume she will challenge my application to be guardian and propose to the court she be named guardian. If I contest her application on what grounds can an individual be eliminated for consideration as guardian of an elderly incompetent?
 


BlondiePB

Senior Member
My adversary is my MILs daughter (my sis in law) who has a shoplifting theft conviction and a documented financial history of turning over real and titled property for inability to pay payments (foreclosure and repod assets), no visible means of support and no real property or other financial assets.
These are your grounds. No judge will appoint your SIL as anyone's guardian. Hire an Elder Law attorney that does guardianships. The attorney will also prepare the documents needed for the guardian accounts and bring them to the hearing. Read up on statutes in your state for guardians. Make sure you or your wife is appointed Health Care Surrogate and have it in the court order.
 
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