Uncontested gardianship/concurrent jurisdiction question

[bshouse]

What is the name of your state? Iowa

To make a very long story very brief, I am in the middle of an uncontested guardianship case where I will be getting guardianship of my biological son. My mother adopted him because I had him at a young age, so I am legally his sister. We are doing this because my mothers’ health is failing. The catch is he is in a residential treatment facility, for mental problems (nothing crime related) so there is another case. Public Aid was paying the attorney to do the uncontested guardianship – up to a certain amount. Now I am being told I need to file concurrent jurisdiction and the original attorney is asking for $5000 retainer, which will take years for me to come up with. Basically, it comes down to me filing concurrent jurisdiction myself to get this case moving forward. I could do this, if I knew what I needed to include on the document. If someone could tell me what to make sure I include on it, I would appreciate it. Thanks.

 

[LdiJ]

What is the name of your state? Iowa

To make a very long story very brief, I am in the middle of an uncontested guardianship case where I will be getting guardianship of my biological son. My mother adopted him because I had him at a young age, so I am legally his sister. We are doing this because my mothers’ health is failing. The catch is he is in a residential treatment facility, for mental problems (nothing crime related) so there is another case. Public Aid was paying the attorney to do the uncontested guardianship – up to a certain amount. Now I am being told I need to file concurrent jurisdiction and the original attorney is asking for $5000 retainer, which will take years for me to come up with. Basically, it comes down to me filing concurrent jurisdiction myself to get this case moving forward. I could do this, if I knew what I needed to include on the document. If someone could tell me what to make sure I include on it, I would appreciate it. Thanks.

The definition of concurrent jurisdiction is:

The authority of several different courts, each of which is authorized to entertain and decide cases dealing with the same subject matter.

Which leads me to believe that your case involves more than one court, and that something is needing to be filed to allow the judge in the guardianship case to make a decision on guardianship, when perhaps another court has jurisdiction over your brother/bio son for other purposes.

I puzzles me why the attorney would be asking for a 5000.00 retainer. Its possible that this is no longer uncontested, and that perhaps the judge (or someone else involved in the case) that has jurisdiction over your brother for other purposes, is opposing the guardianship, or it could perhaps be an attorney who is trying recoup fees from you for the work done for Public Aid.

Is there a caseworker involved? Could you talk to the caseworker about the fact that the attorney is asking for a 5000.00 retainer to handle the "concurrent jurisdiction" issue....and ask for some more information about what is actually going on?

Unless someone, somewhere out there is opposing this guardianship....a judge, a caseworker, or someone else involved, I cannot imagine why a 5000.00 retainer would be needed.

 

[BelizeBreeze]

There are two issues you need to address first before any answer can be given.

First, how old is your son/brother?

Second, who placed him in this 'facility'?