Q: Whats required by law for guardian of adult brain/head injury patient? Is an evaluation required by law ?

Adult head injury coma patient under guardianship still 21 years later, no evaluations to check improvements. Sister is now guardian, not fulfilling her obligations, and hadnt seen or spoke to patient 6 years, then just pops up one day had her life flipped upside down for no reason. Patient can take care of herself now, unlike when first recovering from coma. She could be perfectly ok if she just had someone to help her keep appointments, manage bills, cook a little. Not this sporadic appearances and placements in institutions for no reason.

2 Lawyer Answers
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Las Vegas, NV

A: In cases involving the guardianship of an adult brain injury patient, legal requirements vary, but guardians are generally expected to act in the ward's best interests. For situations like the one described, where the patient has been under guardianship for 21 years without recent evaluations and is now capable of self-care, seeking legal advice is crucial.

Documenting the patient's current abilities and the guardian's lack of fulfillment of duties is important. If permitted, filing a petition for reevaluation may be necessary, presenting evidence supporting the patient's improved condition. Advocating for less restrictive guardianship or exploring alternatives is also recommended, aiming to ensure the individual's well-being and autonomy.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Civil Rights Lawyer
  • Sacramento, CA

A: In cases involving the guardianship of an adult with a brain or head injury, the legal requirements can vary depending on the state's laws. Generally, guardians are expected to act in the best interests of the ward, which includes regular evaluations of their condition and needs.

Evaluations are typically required to assess the current state and capabilities of the ward. This ensures that the guardianship arrangements are still appropriate and that the ward's needs are being adequately met.

If you believe that the current guardian is not fulfilling their obligations, especially if the ward's condition has improved and they can manage more independently, you have the option to petition the court for a reassessment of the guardianship. This could potentially lead to a modification of the guardianship terms or a change in the guardian.

It's important to gather evidence of the ward's current capabilities and any neglect or inappropriate actions by the guardian. This evidence can be presented to the court to support your petition.

Given the complexities involved in guardianship cases, it might be beneficial to seek legal advice. An attorney can provide guidance on the specific steps to take and how to best approach the situation under your state's laws. Remember, the primary goal is to ensure the well-being and rights of the ward are protected.

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