Can wife be a guardian?
“…the wife can be said to be best suited to be the guardian of her husband who is under a state of incapacity or disability on account of being in a comatose condition or vegetative state.” Since the petitioner’s husband is in a comatose condition he is unable to use his intellect, converse and sign various documents.
How does a spouse become a guardian of his spouse?
Only a guardianship / conservatorship will prevent her from doing whatever she is inclined to do… If the spouse is still competent, I would have her execute a General Durable Power of Attorney form.
Can a widow mother appoint a testamentary guardian?
A widow mother who is a natural guardian, or a mother who is a natural guardian because the father is not eligible to be a natural guardian, is entitled to appoint a person to act as a guardian after her death. For an illegitimate child, the power of appointing a testamentary guardian lies only with the mother.
Can a court appoint a guardian for a joint family?
As per section 12, no guardian can be appointed for the undivided interest in the joint property of the minor. However, the court may appoint a guardian for the complete joint family if required. Minor cannot the guardian of another minor: – As described in Section 10 of the Act that no minor cannot be guardian of another minor.
What does it mean to be a guardian under HMG Act 1956?
Then, under such a situation a guardian has been appointed for the care of his body and his property. According to Section 4 of HMG Act, 1956 Guardian means a person having the care of a person of a minor or of his property or of both the person and his property.
Can a court name your spouse as Your Guardian?
Will the Court Automatically Name Your Spouse as Your Guardian/Conservator If You’re Incapacitated? When a person is not able to make their own healthcare decisions, the named agent in the Healthcare Power of Attorney will act for the incapacitated person.
How is a guardian appointed by the probate court?
How a Guardian is Appointed A guardian is appointed by the probate court at the request of a concerned person (petitioner) and after a hearing is held to consider the request. To make a request to the court, a concerned person must file a request on a legal document called a petition. Where is the Petition Filed?
Who is priority for appointment as guardian in another state?
The law provides who has priority for appointment as guardian, which includes: the guardian appointed in another state for this individual, a person nominated by this individual, the person nominated in this individual’s durable power of attorney, a person nominated by this individual as a patient advocate in a Designation of Patient Advocate.
Can a judge appoint a guardian to an incapacitated person?
If the incapacitated individual needs a guardian, the judge will select (appoint) a suitable guardian who is willing to serve. If the individual needs a guardian but has some ability to take care of certain tasks, the judge may appoint a limited guardian to take care of only those things that the individual cannot.