I dont want her running my life forever. Is there anything I can do to get the guardianship taken away from her so I can have my life back
2006-07-22 17:16:44 · 11 answers · asked by meanlilbitch23 3 in Family & Relationships ➔ Other - Family & Relationships
I was sick a while back and had to grant her rights to make medical decisions because I almost died Its been 2 or 3 years now and Im fine. I need to know all the steps to getting them given back to me I dont have money to get a lawyer right now and I am on dissability right now and my mother has rights over my finances as well. So I am pretty much broke. I want my life back. I am wishing I would not have lived through cancer heart attacks strokes. Please tell me I can get my freedom back.
2006-07-22 17:30:41 · update #1
I have been in a guardianship battle for the last few years. It is for an elderly person, so it is a little different than what you are going through. The laws should be much the same, though.
I was told by my lawyer that all guardianships are "open cases". That means that the judge in the case is always there to look out for the ward(you).
If you feel that you are not being treated well, you should find out who the judge in your case is and either make an appointment to see him or her or mail a letter stating the problems that you are having.
You should be able to find some paperwork from the case. At the top of each letter that you mother gets from her lawyer, there should be a case number. Some of the paperwork should have the judge's name, too. If you can't find it, go to the courthouse and ask them what judge is handling your case.
There are lawyers who specialize in getting guardianships revoked(undone)for people who are competent. It would be expensive to have done. Probably starting at 2,500.00 and going up alot from there depending on how hard your mother's lawyer wants to fight to keep guardianship.
If you have a guardian, you must have a medical condition of some kind. A lawyer would have new tests done to see if you are able to care for yourself.
The court is there to look after you. If you can prove that your mother is doing anything funny with your finances, you can have her guardianship revoked. They will also revoke it if you are being abused in any way. They will listen to you if you just explain that you are unhappy with your guardian, too. The court may assign a "third party" guardian if they feel that you still need a guardian.
I just read the information that you added. You very much sound like you are of sound mind. I am wondering if she has an actual guardianship over you or just a medical Power of Attorney? If it is a Power of Attorney, you can revoke it at any time. It would cost about 150.00 to get it done properly, but you may be able to do it yourself for just a small filing fee.
Did your mother ever go to court and go in front of a judge? Did she get just a Guardianship of the Person, or does she have a Guardianship of your finances, too. They are two different things.
I think that you could get this done quite easily if you are now well. Different States have different laws, so do a search under "getting guardianship revoked" on Yahoo or Google. Read everything that you can. Find a way to get your hands on the paperwork. Your mother should have it put away somewhere, but if not you can request it from the courthouse. They will probably charge 10.00 or less to make the copies and give them to you.
If all else fails, call a guardianship lawyer in your area. Usually the first consultation is free. They can help you figure out what to do. My lawyer worked my entire case with no money up front. She did not get paid for over a year and then the money came out of my grandmother's account.
A good lawyer will work with you on the financial end. If the first two or three won't help you, call another one. You will find someone to help. Try looking in the phone book under "legal aid". They will help you find a lawyer for free.
2006-07-22 17:43:37 · answer #1 · answered by JustLookinAround 3 · 1⤊ 0⤋
Are you still in school? Surely there has to be some sort if extenuating circumstance for you to still be under her guardianship. Perhaps you should hire an attorney to act on your behalf. It would be in your best interest to be able to prove that you are capable of making adult decisions and hiring an attorney would be a step in the right direction. It at least shows that you want control of your life and are ready and capable of making decisions concerning your health and well being.
It could also be as easy as asking your motherto relinquish her control over your life. You won't know unless you ask. Be an adult andtell her that it's time for you all to talk about your life matters. If you can show her that you have a plan as to what you intend to do with your problem may be over. You willnot knoe unless you take the opportunity...seize the day! Today is the day that you step out on your own. Doesn't it feel good already knowing that you have decided that you want control of your affairs? Bless you.
2006-07-22 17:27:43 · answer #2 · answered by gmommy 3 · 0⤊ 0⤋
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2016-11-25 19:13:51 · answer #3 · answered by Anonymous · 0⤊ 0⤋
In most states, if you've been able to live by yourself for six months straight without needing financial aid, caretakers, or criminal intervention, her guardianship is only good for toilet paper.
Of course, if you aren't able to live on your own for six months, her guardianship may provide you with certain benefits, such as her insurance, etc.
Also, if you can live as a married couple for six months, she'll probably be out of the picture, although your husband might end up being granted a guardianship.
Wanna give it a try? We can live at my parents house? JK
2006-07-22 17:28:20 · answer #4 · answered by ye_river_xiv 6 · 0⤊ 0⤋
At the age of 18 you are legally an adult the only reason some one should have guardian ship over you now is that you are not capable of making sound decisions for self. There seems to be some details left out fill us in so we can help you better!
2006-07-22 17:32:03 · answer #5 · answered by jimmy 1 · 0⤊ 0⤋
at 25 she shouldn't have guardianship over you unless there is something wrong with you. if not go to court and become your own person
2006-07-22 17:23:15 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It all depends on why she was granted guardianship.
It you have a low IQ, if you are a danger to society, if it was your choice to grant her that, if you are severly disabled, if you have conduct disorders, etc.
My best advice is to consult a lawyer and ask them what options you have.
2006-07-22 17:22:02 · answer #7 · answered by Hannah L 3 · 0⤊ 0⤋
why would she have guardianship over you at 25? it would depend on the reason.
2006-07-22 17:23:39 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You have to go to court.
2006-07-22 17:20:55 · answer #9 · answered by happydawg 6 · 0⤊ 0⤋
im 22 n my mom is the same..... aughhhhhhhhh
2006-07-22 17:19:43 · answer #10 · answered by yoghurtlight 2 · 0⤊ 0⤋