Guardianship and Community of Property


Questioner

My father is demented and has a guardian. My parents are married in community of property. Should my mother also be placed under guardianship?

Lawyer

No, that is certainly not necessary. A guardianship is only necessary if an adult cannot properly look after his or her interests of a property-law nature due to his or her physical or mental condition. Your mother must make any decisions regarding the community of property with the consent of the administrator.

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