Being named co-guardian without my consent

Previous | Next
 rated by 0 users
Latest post Wed, Jan 7 2009 1:30 PM by LynnM. 2 replies.
  • Tue, Jan 6 2009 8:49 PM

    Question [=?] Being named co-guardian without my consent

    Hi there,

    I just learned that my grandmother, who is nearing death, named me co-guardian of my mentally disabled aunt. The other co-guardian is her other grandson, my cousin. I had no knowledge my grandmother had done this and do not wish to serve as guardian of my aunt. Apparently, my grandmother wrote a will in 2006 that identified my cousin and I as co-guardians of my aunt, though no one in my family knew of this.

    As my grandmother is on her death bed (and the family has already begun arguing over matters), I do not believe there is much point in challenging her with this now. I am sure she thought she was doing the right thing at the time. However, as I said, I do not want to be guardian.

    I have to imagine that without my consent, this guardianship is not legally binding. Any assistance you can provide as to what I should do to ensure I do not become a guardian of my aunt is most appreciated.

    PS - I don't mean to sound so callous regarding caring for my aunt, however in this particular situation I think either other family members or the state will be able to provide more appropriate care for her than me.

    Thank you -
  • Wed, Jan 7 2009 1:26 PM In reply to

    • Ford
      Lawyer
    • Top 10 Contributor
    • Joined on Thu, Mar 16 2000
    • Posts 12,797

    Feedback [*=*] Doesn't work that way . . .

    "I just learned that my grandmother, who is nearing death, named me co-guardian of my mentally disabled aunt."

    Even if your grandmother is the guardian, that's not something you can pass in your will.

    Additionally, nothing in a will imposes obligations on anybody.

    "I have to imagine that without my consent, this guardianship is not legally binding."

    You aren't just imagining that.

    "Any assistance you can provide as to what I should do to ensure I do not become a guardian of my aunt is most appreciated."

    Any such appointment would need to originate with a court. You would have to be served, assuming anybody even tries to do this. Moreover, you'd normally need to be a plaintiff, not a defendant, because this is about consent.

  • Wed, Jan 7 2009 1:30 PM In reply to

    • LynnM
      Lawyer
    • Top 10 Contributor
    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    re: Being named co-guardian without my consent

    She has expressed her desire for you to act as guardian. You would have to agree - as would a court - before it acrually happens.

    Just say no.
Page 1 of 1 (3 items) | RSS

My Community

Community Membership New Users: Search Community