California  |  Wills and Trusts

Legal Question

Asked on: 8/28/13, 10:37 am

if a drug test was not ordered by the judge and there was no evidence that requiers request of person getting tested nor has there been any arrest in over 5 years that suggest a drug test be given by other party can said drug test be used in termination of guardianship if positive?

1 Answer

Answered on: 8/28/13, 2:44 pm by Victor Waid

Medical tests for drug use or other purposes, require a subpena for documents, and the documents must be relevant to the purpose of a hearing; the obtaining of or admission into a hearing can be objected if they have no bearing on the purpose of the hearing, such as a revocation of guardianship, assuming the facts you are stating to be true.

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