Legal Question in Civil Rights Law in California

How do I obtain legal guardianship of my adult mentally incapacitated niece? We are California residents. Both of her parents are deceased.


Asked on 1/05/10, 9:13 am

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You would apply to the superior court in the county where she lives. It is a fairly easy process. You might find self help books at the library, bookstore, or on the Internet. If that doesn't work for you, there should be some local attorneys who could do it for you at a reasonable cost.

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Answered on 1/10/10, 10:46 am
Terry A. Nelson Nelson & Lawless

By filing a Petition in court seeking that, in the county where she is. You'll have to support the Petition with doctors reports and declarations of family or friends to convince the court of the need. If you don't know how to do so effectively yourself, you'll need to hire an attorney that does. If serious about hiring counsel, feel free to contact me.

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Answered on 1/11/10, 11:33 am
Melvin C. Belli The Belli Law Firm

You will have to file a petition in the Superior Court in the county she resides to have you appointed as her guardian/conservator. There are court forms that are called judicial counsel forms which you will need to use. Call your local Bar association to see if they have any low cost or free services that can help you or if you can afford a lawyer go hire one.

Good luck and hope that helps.

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Answered on 1/12/10, 10:05 pm


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