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i have a daughter 33 who is mentally impaired i went to get a new doctor for her and they told me i need guardianship papers for her, i never got papers for her, why do I need them shes been with me since birth?

so if i need papers how and where do I get them

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meemax4

Asked by meemax4 at 6:25 PM on Jun. 8, 2009 in Adult Children (18+)

Level 1 (0 Credits)
Answers (7)
  • I live and work in Washington state. If your dghtr ever needs any kind of surgery or exam under anesthesia; it is required to have "informed consent" signed. and in order for this to be legal, you have to be named POA (power of attorney) to legally speak for her in almost any and all situations you may come upon.

    dinkadink

    Answer by dinkadink at 6:37 PM on Jun. 8, 2009

  •   You must go to court to have yourself named POA. It should be very easy and not contested since you are birth mom. Bring her birth certificate and your driver's license to District Court and have papers drawn up. I am not sure if you have to hire an attorney or not. I wouldn't think so, though.  I hope you follow up on this- and that it isn't too much of a hassle for you!!

    dinkadink

    Answer by dinkadink at 6:41 PM on Jun. 8, 2009

  • She is legally of age. If you have never been name the legal guardian with a sustainable power of attorney giving power to make health care decisions and filed with the register of deeds, then a doctor can't treat her based on your say.
    jesse123456

    Answer by jesse123456 at 8:06 PM on Jun. 8, 2009

  • Just call an attorney and see how to handle it in your state. It's relatively simple. Most family law attorneys do a consultation for free. Most will tell you how much the POA is over the phone.
    admckenzie

    Answer by admckenzie at 9:28 PM on Jun. 8, 2009

  • she is an adult under her own control..you gave no legal say.
    wheresthewayout

    Answer by wheresthewayout at 1:49 AM on Jun. 10, 2009

  • afeter the age of 18 they are automaticaly adult and you legally have no say. That's why we urge parents to get gaurdianship of their children. It is a process, and is prob. diff from state to state. I'd look on line at your local agencies for persons with disablities (ARC etc.) and look there.
    Its just the way things work in the US b/c of abuses that occured in the past. EVERY ONE is AUTOMATICALLY declared a competent adult at the age of 18 ( even if they are wheelchair bound, unable to recognize their own name etc.etc.etc.).
    There are also diff. levels of gaurdianship, so I would def. look on-line and/or contact a lawyer.
    MamiJaAyla

    Answer by MamiJaAyla at 9:43 PM on Jun. 10, 2009

  • If your daughter is in an educational program usually the people at the school can help you obtain the necessary paperwork to file. Filing is usually done in the probate court. The court will appoint someone to obtain medical records, do a home visit and test your daughter's competency to be able to make decisions for herself and ability to care for herself. If after that review it is determined that she is unable to make decisions for herself, the court will issue you letters of guardianship granting you power and control over your daughter and her affairs, including medical decisions.
    Anonymous

    Answer by Anonymous at 5:08 PM on Jun. 24, 2009

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