Legal Question in Elder Law in California

Elderly custody

I need to take guardianship over my sister. Her niece is now the legal guardian. Gloria has some dimentia, but definitely knows my wife and I and wants us to be her guardians. She does not know her niece. Can my sister, Gloria, simply sign us as her new guardians w/o the courts?


Asked on 3/01/09, 9:32 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Elderly custody

No. Only the court has power to grant guardianship or conservatorship officially. "Legal guardian" term is generally misused to mean 'the guy' taking care of her, or a parent or relative who takes responsibility informally. If there was actually official guardianship ordered by the court, only the court can change that. Feel free to contact me if serious about doing this in court, I'll be happy to help you.

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Answered on 3/02/09, 2:59 pm


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