Elder Law 3.1

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PURPOSE: To verify that you can evaluate a hypothetical situation and draft an appropriate guardianship petition that meets your state’s statutory requirements.

Hypothetical:
Adeline Andrews was born on May 21, 1935. She is a widow and lives with her only child, daughter Darlene Hendry, at 350 River Bluff Road, in your town and your state. Darlene would like to be her mother’s legal guardian so she can made medical decision and deal with financial institutions. Adeline has no advance directives and has never had a guardian or conservator. Darlene is a competent adult, has never been convicted of a felony, and is also a widow. Adeline’s physician, Elise Warski, MD, has provided a written report indicating that Adeline has dementia with Lewy Body. She suffers tremors and other physical manifestations. she is not able to understand her diagnosis or answer questions about her treatment preferences. She does not remember where she has bank account, or where she lives. Her assets consist of $240,000 in savings and income of $1,800 per month.

INSTRUCTIONS:

  1. Research your state’s law pertaining to guardianship proceedings and the requirements for a guardianship petition. My State Is Alabama
  2. Based on the statutory requirements and forms your find, prepare a guardianship petition to be filed in your local state trial court. Make up any additional factual information that you may need to complete the petition.
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