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-   -   What rights does a standby guardian have? (https://www.askmehelpdesk.com/showthread.php?t=386546)

  • Aug 13, 2009, 11:47 AM
    Carol Linder
    What rights does a standby guardian have?
    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.
  • Aug 13, 2009, 11:50 AM
    tickle

    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
  • Aug 13, 2009, 11:57 AM
    Carol Linder

    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?
  • Aug 13, 2009, 12:09 PM
    JudyKayTee

    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.

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