Astor Simovitch Law Blog
Do I have to be certified to be a guardian?
October 07, 2018
There were requirements to being a guardian. One is you have to be over 18 years of age. Number two, you cannot be a convicted felon. And number three is you have to take the eight-hour guardianship course, which can be done online. So there’s a rebuttable presumption that if you’re over 18, you’re not […]
Can an emergency temporary guardianship (ETG) appointment be renewed after the initial period?
October 07, 2018
Yes. The initial period is going to be 90 days. If the petitioner can demonstrate to the court that there is a reason to extend it, then the court can grant another 90 days of guardianship. So, in total you have a period of 180 days where the petitioner has the ability to make medical […]
Can a respondent oppose an emergency temporary guardianship (ETG) appointment?
October 07, 2018
Yes. They have a right to have a hearing. They have a right to have counsel present or have counsel appointed for them if they cannot afford a lawyer. And they have a right to challenge the allegations that are made in the petition. They have a right to make the petition, to come in, […]
Can a lawyer assist me in seeking help for a child with substance abuse problems?
October 07, 2018
A lawyer can assist you and a lawyer should assist you. In other words, you shouldn’t try and do this on your own. You should hire a lawyer who is competent and understands the dynamics of addiction and mental illness and also understands how to use the legal system so you as a parent or […]
Are there professional guardians?
October 07, 2018
Yes, you can hire somebody to be a guardian, and that might happen where either there’s no one to serve as the guardian for the respondent, the ward, or it might be where a family decides to petition the court to get guardianship, but they can’t decide who’s going to be the guardian, so at […]
How Substance Abuse Interventions Work Under the Marchman Act?
October 07, 2018
Families affected by the disease of addiction face an uphill battle to convince the addict that treatment is necessary. Interventions can, and may work, but sometimes a family must take the proverbial bull by the horns and compel their loved one into treatment by taking advantage of the Marchman Act process. You may, however, have […]
Will the respondent know a Marchman Act petition has been filed?
October 07, 2018
Typically, initially, the respondent is not going to know, because it’s a confidential filing. However, the respondent is entitled to receive notice of the hearing. After the petition is filed, it’s been reviewed, and a hearing has been set, the respondent has to receive notice. Typically it’s done by either a process server, if you’re […]
Who is responsible for the cost of care when someone is confined under the Marchman Act?
October 07, 2018
Typically, under the Marchman Act, the respondent is going to be responsible for the cost of care. If the respondent is somebody who is indigent, in other words, they’re not an affluent wealthy person who doesn’t have private health insurance, then in all likelihood, if the assessment recommends treatment, they’re going to be sent to […]