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Neenja, can you tell me what a curatrix is? And what does " interdicted children" mean? Forbidden children?
You might want to ask this question on a legal forum. It sounds like it might be a more appropriate question for people with legal background.
I know in the case of a power of attorney document, if the elected power of attorney dies the job does NOT automatically pass to his or her heir. I imagine whatever a curatrix is, the succession is also not inherited.
Curatrix is a court appointed female curator/guardian. The daughter of curatrix (which can only be removed by courts), states she’s the interdicts POA (to which the interdict has been deemed incapable of handling his own affairs, unable to sign name thus any type of agreement).
Never heard the word Curatrix before. Are you from the States?
If court appointed, then no an heir cannot take over. He/she would have to petition the Court, thru a lawyer, to gain guardianship. POA is not transferable. The adult children would have had to assign the person to be their representative if competent. If incompetent to assign, then guardianship has to be gotten and its expensive.
If guardianship was granted when the children were minors, at 18 they are considered emancipate and the guardianship is null and void. If the children have some disability where they can't make decisions for themselves, guardianship has to be petitioned for again. This happens to parents of severely challenged children when they turn 18. They are emancipated until proven other wise.
No, she is not POA. If a lawyer has made up paperwork, he/she was wrong to do it. The "interdict" person (another word I have never heard used) has to assign the daughter to be POA. Like I said in my previous post, if he is incompetent, no POA can be assigned. I doubt if LA is any different then any other state. He is now without a guardian, in my opinion. If daughter wants to oversee him, she needs guardianship.
You may want to run this info by a lawyer or legal aid. Come back and tell us how it works out. We learn from others.
The Court appointed this person as guardian. Now this person is dead. Much depends on what your paperwork says. Did the Court appoint a person as the "second", that is to say the person who takes over if the guardian is unable to function? If not, then the Court must decide who will function in this capacity. For there to BE a court appointed guardian means that at some point there either WAS no family, or family did not wish to serve, or family was deemed incompetent to fulfill the guardianship, or family was at war and could not agree on who would serve, so the court stepped in and chose an "uninterested party" to serve. So that will still be the case, unless something has changed. I would take this to your lawyer. A question we may be unable here to answer with perfect accuracy.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
You might want to ask this question on a legal forum. It sounds like it might be a more appropriate question for people with legal background.
I know in the case of a power of attorney document, if the elected power of attorney dies the job does NOT automatically pass to his or her heir. I imagine whatever a curatrix is, the succession is also not inherited.
(which can only be removed by courts), states she’s the interdicts POA (to which the interdict has been deemed incapable of handling his own affairs, unable to sign name thus any type of agreement).
If court appointed, then no an heir cannot take over. He/she would have to petition the Court, thru a lawyer, to gain guardianship. POA is not transferable. The adult children would have had to assign the person to be their representative if competent. If incompetent to assign, then guardianship has to be gotten and its expensive.
If guardianship was granted when the children were minors, at 18 they are considered emancipate and the guardianship is null and void. If the children have some disability where they can't make decisions for themselves, guardianship has to be petitioned for again. This happens to parents of severely challenged children when they turn 18. They are emancipated until proven other wise.
Yes I live in the US (Louisiana)
the interdicted is an adult
You may want to run this info by a lawyer or legal aid. Come back and tell us how it works out. We learn from others.
Much depends on what your paperwork says. Did the Court appoint a person as the "second", that is to say the person who takes over if the guardian is unable to function?
If not, then the Court must decide who will function in this capacity. For there to BE a court appointed guardian means that at some point there either WAS no family, or family did not wish to serve, or family was deemed incompetent to fulfill the guardianship, or family was at war and could not agree on who would serve, so the court stepped in and chose an "uninterested party" to serve. So that will still be the case, unless something has changed.
I would take this to your lawyer. A question we may be unable here to answer with perfect accuracy.