Legal Question in Wills and Trusts in Kentucky
gaurdian
My Mom had a major stroke. She is hosptialised and is not able to communicate or follow instruction. Dr are not sure how long but they are pretty sure it will be months. We share a home with her. She pay mortgage we pay everything else. Who will likely be apointed gaurdian, me or someone else.
2 Answers from Attorneys
Re: gaurdian
Well, if you want to be the guardian then you should petition district court to be appointed as such. If you are legally competent and appear to have your mom's best interests at heart then you will probably be appointed.
Re: gaurdian
As Mr. Napier pointed out, you will need to apply to be appointed as her guardian. That will require a jury trial to determine of she is able to make decisions in her own best interest. Assuming the jury finds this to be true, the judge will appoint the guardian. If other people are interested in assuming the duties and rights of a guardian, then the judge will hold a hearing after the jury is dismissed to evaluate the various individuals who seek to be guardian.
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