Huntington Disease Lighthouse Families

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legal documents

Posted by Ken 
Ken
legal documents
January 05, 2004 04:49PM
I probably already asked this but I need info on how to get custody of my daughter and power of attorney for my wife to be able to take care of things, are there documents available for these matters or do I have to spend more big bucks for a lawyer. I feel i have held off long enough and that with the psych visit we have planned with the neurologist and a psychologist, it would be a good time to set the legal parameters.
thanks, Ken

RE: legal documents
January 05, 2004 05:08PM
Ken, what state are you located in?
Joe
RE: legal documents
January 05, 2004 07:06PM
I know it feels overwhelming when making this decisions, and it will also be that way while going through the process, but after its finish it seems so simple. Hopefully I can explain what I went through with just the simple discription.

In NC;
I first contacted a general lawyer and expalined our desires.

He refered me to a spepecilist lawer for guadianship. I had to hire my lawyer, who wrote the patition to the court request guadianship. My lawyer made arrangements for me to hire another lawyer for my sister-in-law, who interviewed us and reviewed the doctor's files. My sister-in-law was in the hospital at the time due to a series of falls.

A court date was made, and the two lawyers, explained their case to the judge and the guadianship was issued. There were two types of "guadianship" in NC and my lawyer helped with the decision. Luckily my sister-in-law's lawyer requested the court to pay his fees. I believed total lawyer and court fees were under $1000.
Marsha AKA Lynn
RE: legal documents
January 05, 2004 09:15PM
You may still want to see a lawyer to discuss all the ramifications of what you want to do. I would first try to do some Internet research about the different options. There are different powers of attorney - medical, durable, and springing. There is also guardianship. A power of attorney may not be enough to accomplish all you need it to do. On the other hand, guardianship could involve too much paperwork and reporting. Laws and regulations vary by state.

I'm reluctant to spend money on a lawyer if I don't have to. We did, but we cut down on the cost by doing background research ourselves so that we understood the general issues and had an idea of what we wanted.. Do a google search using the name of your state and power of attorney and guardianship, and you'll probably find a discussion of the issues on a website of a local attorney.

I did the Internet research, talked with my husband, and we tentatively decided on a springing power of attorney covering both financial and medical matters. We then called a lawyer specializing in elder care issues and explained what we needed and why. He agreed that a springing power of attorney should meet our needs. He went over the details of what this means in our state, answered questions, and then drew up a document. He sent it to my husband for review and then we went into the office and signed it. I really didn't feel that the cost was excessive and I feel more confident because we went to a lawyer since this is such an important issue.
Ken
RE: legal documents
January 06, 2004 08:49AM
we are in PA
RE: legal documents
January 06, 2004 01:05PM
It cost me $75 at a lawyer's office to get the power of attorney. She had to sign it.
It came in handy. If you don't get it done early when she's still lucid and wants to do it, you have to go for consignership.

If there is a consignership, an advanced form of adult guardianship, that's pricey. It costs 2 lawyers, one for you and one for her. You look at a court date and a determination time of 2 weeks to 3 months. (at least $1500 dollars upwards of $3000).

Custody is never a problem. If for some really bizzare reason it is, one visit with a judge and a lengthy clinical description of HD, and that's over with.

Call a lawyer and ask. That's free. You can likely see one for free too.
RE: legal documents
January 06, 2004 02:10PM
Ken, if you were in Virginia I might be able to help. That is why I asked where you were. In Virginia the Juvenile and Domestic Relations Court Services Unit has a procedure where you can petition for custody without a lawyer. Under these circumstances, where there is a serious medical issue, this can be quickly done without a lawyer. I don't know anything about Pennsylvania, but there may be a similar procedure.

Here are some Pennsylvania resources you might want to check with.

Father & Child Foundation (802) 223-0338

Fathers' and Childrens' Equality (FACE)
Philadelphia, Pa (215) 335-4054
Bucks County, Pa (215) 322-3464
Lehigh County, Pa (610) 770-9150
Montgomery County, Pa (215) 442-0697

Alliance for the Mentally Ill of Pennsylvania (800) 223-0500 (717) 238-1514
2149 North 2-nd Street, Harrisburg, PA 17110-1005

No-Fault Divorce In Pennsylvania
A Guide to the Law, with Forms For Filing Your Own Divorce, Self-Help Publications/Videos. Pennsylvania Full Court Press, 124 East Chestnut Hill Avenue, Philadelphia, PA 19118 e-mail: cfes*at*cfes.com

The Pennsylvania Parenthood Initiative Resource Center - PAPI
Case Law References, Child Support Guidelines, Some Legal References and Boilerplates for Custody & Support!

Fathers And Children Together (FACT) (215) 729-4446 (AFTER 12:00 p.m.)
E-Mail 2115 South Shields Street, Philadelphia, PA

Pennsylvania Bar Association (for attorney referrals) (717) 238-6715
100 South Street, P.O. Box 186, Harrisburg, PA 17108
RE: legal documents
January 06, 2004 02:49PM
Ken, you also might want to take a look at this site where you can order do it yourself Pennsylvania forms:

[secure.uslegalforms.com]

Power of Attorney & Health Care - Minor Children - Pennsylvania
General Power of Attorney for Care and Custody of Child
Control # PA-P007 Download Online $24.00 Member download!
Control # PA-P007-HCRegular Mail $26.00
Control # PA-P007-CS Preparation Services $45.00

Good luck. Richard
RE: legal documents
February 01, 2004 05:02PM
I have a question regarding legal guardianship. Do I need an attorney for this? I want to take custody of my neice until she is 18. She just turned 17 yrs old and her father who lives in California has given me permission and I live in NY. Can I just download the forms and do them myself as a temporary guardian or do I need to have it done by an attorney?

Any information would help!!
Adrian
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