Legal Question in Elder Law in Ohio

form to file

Probate judge says he will rehear guardianship hearing, but I need to file a motion with the probate court. I need to know which form to file, and approximate filing fee cost. Please help. My father is in nursing home and wants to go home. My sister placed him there against the wishes of 6 other siblings, and was granted gurdianship because we were not aware that any of the rest of us could. We are not allowed to take him even to the cemetary (to visit moms grave) unless she approves, which she won't.. we have tried. This is not what the judge said should happen, so he wants to rehear it. Thank you for any help you can offer


Asked on 5/06/07, 10:40 pm

1 Answer from Attorneys
David Davies Law Office of David H. Davies

Re: form to file

These issues can get pretty sticky. There are a number of questions raised by your question!

Was it, and is it still, necessary for Dad to have a guardian?

How was the choice made to have your sister be the guardian?

Have things changed since your sister was appointed?

Are you hoping to have the guardianship terminated,your sister replaced as guardian, or some other remedy?

You are going to need to at least talk directly to an attorney to get headed in the right direction. I would not suggest that you try to go down this road without actually retaining an attorney, especially if your sister has an attorney representing her as guardian.

If you have an attorney, you need to call and talk to him or her directly before you file anything. If you do not and you want to call I will see if I can answer some questions for you based on answers to the questions that I raised. No charge or obligation for the confidential call.

Good Luck

DHD

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Answered on 5/07/07, 11:41 am


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