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View Full Version : What rights does a standby guardian have?


Carol Linder
Aug 13, 2009, 11:47 AM
My brother is developmentally disabled. Our mother is his legal guardian. I am listed as a standby guardian on the guardianship papers. Mom is 88 and in an assisted living facility. Do I have the legal right (as standby) to make decisions, sign papers etc or do I have no power while Mom is alive? We live in New York.

tickle
Aug 13, 2009, 11:50 AM
If yourmom is unable to speak for herself, is not cognizant of what is going on around her, can't sign her name, then you are next line. Is this the case ? If so, then y ou would be the one to make decisions and would imagine it is similar to a power of attorney.

Tick

Carol Linder
Aug 13, 2009, 11:57 AM
Mom can speak for herself and can sign her name. She no longer is able to attend meetings at the agency for the developmentaly disabled where my brother is a client. If they need something signed like his med sheet can I sign or do I have to take it to her to sign?

JudyKayTee
Aug 13, 2009, 12:09 PM
It appears to me from what you have described that your mother must sign and you are able to sign only if she cannot. Otherwise you would be joint guardians.