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    Carol Linder's Avatar
    Carol Linder Posts: 16, Reputation: 1
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    #1

    Aug 13, 2009, 11:47 AM
    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.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    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's Avatar
    Carol Linder Posts: 16, Reputation: 1
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    #3

    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's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    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.
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