Description
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:
- Research your state's law pertaining to guardianship proceedings and the requirements for a guardianship petition. My State Is Alabama
- 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.
Explanation & Answer
Hey please see the attached and kindly check for me the plagiarism percentage, mine has failed to work. for now. Let me know please.
IN THE MATTER OF
)
IN THE PROBATE COURT
ADELINE ANDREWS,
)
LEE COUNTY, ALABAMA
An Alleged Incapacitated
)
Person.
)
Case No. 4667
PETITION FOR APPOINTMENT OF GUARDIAN AND CONSERVATOR
HERE, Paul Matthews on behalf of Lee County Department of Human Resources, hereby
petitions this Honorable Court for an appointment of a Guardian and a Conservator for the
Respondent, showing the Court as follows:
1. Petitioner is a social worker in Adult Protective Services and a person sympathetic to the
current state of health and in the welfare of respondent.
2. Petitioner has provided Respondent with casework services since August 2014. Petitioner is
49 years of age, is employed by Lee County, and resides at 76 Park Hill Road.
3. Respondent is an incapacitated senior citizen as provided for in the Code of Alabama,
Section 26-2A-20(8), in that she is impaired by reason of dementia with Lewy Body
following advanced age, to the point of inadequate understanding, memory lapse and
incapacity to communicate or make sound decisions.
4. Respondent will require protection and care as defined in Code of Alabama, Section 26-2A130(c), it is established that she is unable to manage her property and personal affairs
effectually by reason of dementia with Lewy Body following advanced age and the fact that
she owns property adept to being wasted unless there is proficient management is to be
provided and in that resources are essentially required for her health, sustenance and
protection is imperative ...
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