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To: Cboldt

"Whether dementia or some other cause, both indicated and appear to agree the condition is "permanent."

"Negative. You are misconstruing the documents."

Petition for guardianship by Gaddy, fax page number 13
Petition for guardianship by Ken folks, fax page 27

Both documents...Duration of incapacity: Permanent.

That's whats stated in the documents. What does this mean?


2,428 posted on 04/13/2005 7:17:42 AM PDT by Smartaleck
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To: Smartaleck
Both documents...Duration of incapacity: Permanent.
That's whats stated in the documents. What does this mean?

I see it. I think it's legal effect is an assertion by both parties than Mae will have a guardian until she petitions a court and shows that she does not need a guardian.

I take it you hold that the words "The duration of the incapacity will be permanent," appearing on page 3 of the respective Petitions for the Appointment of an Emergency Guardian for an Alleged Gravely Incapacitated Adult, are a medical prognosis.

2,430 posted on 04/13/2005 7:40:50 AM PDT by Cboldt
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To: Smartaleck
Both documents...Duration of incapacity: Permanent.
That's whats stated in the documents. What does this mean?

From the below forms and instructions, I conclude that the term "permanent" in the Petition for the Appointment of an Emergency Guardian is a concession that the duration of guardianship will be greater than 45 days. I.e., that the maximum (45 day) duration of emergency/temporary guardianship is shorter than the expected duration of incapacity.

That isn't much of a concession on Mae's part. Her sister was held in a hospital for more than 45 days when she had her dissected aorta.

http://forms.lp.findlaw.com/form/courtforms/state/ga/ga000046.pdf <--

2,434 posted on 04/13/2005 8:14:31 AM PDT by Cboldt
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