What is an assent and waiver notice? 15 Answers as of April 22, 2014

Good afternoon. I have before me a legal document sent to me, and within said document (assent and waiver of notice) it has checked X I hereby assent to the Petition for Appointment of Conservator, filed with the Court and I waive my right to any statutory notice related to that specific pleading. I request that the relief requested in that pleading be allowed, including the appointment of (Attorney's name is entered here), without sureties. I have been requested to sign this document without any further information regarding my father's condition, executed will, or any other information regarding the need for this to be signed. I am one of two children that has, but for some reason there is mass movement by other family members to attach themselves to his estate, namely the lawyer named in this document who is his niece, and if I am correct, would this not be a conflict of interest in itself, and especially since this attorney who is my blood cousin, also represents his common law wife. Can someone provide an immediate answer to this question as time is of the essence because of my father's advance age, and medical issues.

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Sebby Law Office
Sebby Law Office | Jayne Sebby
Signing the document will indicate to the court that you have no objection to a Conservator being named to handle your father's finances or to the person being recommended for that position and that you agree that no bond should be given by the Conservator to guarantee her performance of the required duties. It will also take your name off the list of people who must be informed of any hearings or other actions during the process of getting the Conservator appointed. Whether the attorney has a conflict of interest will depend on that state's statutes and regulations.
Answer Applies to: Nebraska
Replied: 4/22/2014
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
Don't sign.
Answer Applies to: California
Replied: 4/21/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
If you have ANY reservations, don?t sign but get your own lawyer.
Answer Applies to: California
Replied: 4/21/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
The immediate answer is for you to obtain the services of a probate/litigation attorney to file an objection tp the petition for conservatorship on your behalf; do not sign that document. Time is off the essence.
Answer Applies to: California
Replied: 4/21/2014
James Oberholtzer, Attorney at Law
James Oberholtzer, Attorney at Law | James Oberholtzer
Take the document to an attorney to advise you. You are right to be very concerned. This document indicates that some members of your family are taking control of your father's estate.
Answer Applies to: Oregon
Replied: 4/21/2014
    Durham Jones & Pinegar | Erven Nelson
    If you sign the document, you are agreeing to the appointment of a conservator and waiving (or giving up) your rights to object. So, if you have any doubts or objections, you should not sign the document and you should make your objections known to the court in writing and at any hearing on the matter before the Judge. You should also consider getting a good lawyer to help you comply with all court rules.
    Answer Applies to: Nevada
    Replied: 4/21/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If you sign, you're waiving your right to object to the appointment of your niece as your father's Conservator. The conservator has control of a person's finances. If you agree that your father needs a conservator, and that your niece is an appropriate person to serve as such, then go ahead and sign. If you don't sign, they'll wait until the end of the notice period if you haven't objected to the appointment, she'll be appointed anyway. You can object either that your father doesn't need a conservator, or that Niece is not the right person to serve. My best advice is that you hire a lawyer to represent you in this matter. Then you'll know what exactly is going on, and you can respond appropriately.
    Answer Applies to: Oregon
    Replied: 4/21/2014
    James Law Group
    James Law Group | Christine James
    They want you to consent to the appointment of the conservator.
    Answer Applies to: California
    Replied: 4/21/2014
    Frederick & Frederick PLC | James P Frederick
    This is clearly not a Michigan matter, because we do not use the form that you mentioned. We have similar forms, but you really should reach out to lawyers in the state where the proceedings are taking place. The form appears to signify that you have no objections to the petitioner serving as conservator. A conservator has nothing to do with the Will and you have no legal right to see the Will during your father's lifetime. If he is married, then it would normally be his wife petitioning to become conservator, but that may depend on HER condition. If you have objections to the petition, then you would not want to sign the form. There are almost always potential conflicts of interest in situations like this. The alternative would be to have the court appoint a complete stranger to act on your father's behalf. That is usually not the best way to go.
    Answer Applies to: Michigan
    Replied: 4/21/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You should speak with a conservatorship attorney where your father resides. It sounds as if someone is trying to become his conservator and you are being asked to waive notice. The conservator can then act as your father. In some states that may include the ability to make a Will. In Nevada we do not have common law marriages created under our state, but do respect them if they are established under another state's law. That is another issue to address with the attorney to see if it is valid. There is no reason for you to sign unless you want that to occur. Seek legal counsel first.
    Answer Applies to: Nevada
    Replied: 4/21/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    They need your consent because you are your father's child. You don't have to give it. You should call your niece and ask her what is going on and why is this happening. The will has nothing to do with the conservatorship. The conservator watches your father's money to make sure it is spent properly on your father's needs, or at least is supposed to. As far as a conflict of interest, no, I don't see one. If you had wanted to, you could have asked to be his conservator. Is that a conflict? The one good thing about the niece doing it is that she has an ethical duty as an attorney to do things properly. If she doesn't, she runs the risk of impacting her bar license. So you need to call and find out what is going on. If you don't' agree, hire your own attorney and ask to be named the conservator.
    Answer Applies to: Idaho
    Replied: 4/21/2014
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    You are being asked to "assent" to the appointment of this individual as Conservator of your father's estate. This involves taking care of his financial estate while he is alive. If you are not comfortable with this individual acting in the capacity of Conservator you are not obligated to sign. If you do not sign you will receive a formal Notice advising you of a court date at which the court will decide whether to appoint this individual or someone else.
    Answer Applies to: Minnesota
    Replied: 4/21/2014
    Ronald K. Nims LLC | Ronald K. Nims
    By signing the document, you consent to this attorney being named your father's guardian. If you're opposed, don't sign it and show up for the hearing.
    Answer Applies to: Ohio
    Replied: 4/21/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    You are being asked to agree to the appointment of the named person as the guardian for your father. The appointment would give that person the authority to manage your father's health decisions and financial affairs. It is common to appoint a family relation into such a position. Common Law marriage is not recognized in Illinois. Your father's significant other is many ways considered a stranger with limited rights. Representing the common law wife could be considered a conflict of interest. As a child of the intended ward, you have the right to appear and offer an alternative guardian of the person and estate for your father.
    Answer Applies to: Illinois
    Replied: 4/21/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    In basic lay terms if you sign the paper it means you agree with everything and you will not be given any notice of what is going on with your father. Every decision that is made pertaining to your father?s care will likely be made by the attorney. He will be appointed as your dad?s conservator without any bond. There is no conflict of interest here. Also, common law was abolished in Florida in the late 60's.
    Answer Applies to: Florida
    Replied: 4/21/2014
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