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my mother met a woman named crystal from troy, ny online, and in May 2006 crystal came here to maryland and they made me (21), my brother (22), and my sister (19) move to troy, ny all in one day. At the time it seemed like things would be ok, so we just went along with the move, but as she had done in the past Crystal became agressive and abusive and even cursed my mother's parents out when she came with my mother to drive me back to Maryland for college and my mother just sat there and looked sad, and I just stay at my father's mother's house when I am not on campus. My brother, who is 22 and has autism is still in troy, ny, but he does not want to be staying there and my mother refuses to allow him to leave because she is using his social security check to pay rent. But my brother does NOT want to be there, and he is an adult so he has the right to leave if he wants to. But he can't drive and he has no way to get back to Maryland with his belongings. So how can he leave?

2007-03-10 18:10:49 · 4 answers · asked by Anonymous in Society & Culture Other - Society & Culture

Is there like someone at social services, or anyone else at all in Troy, NY who if I call them they could go over there and make my mother let my brother leave? Is there anyone who could provide a free vehicle for my brother to transport his belongings, and someone to drive him from Troy, NY to Maryland? My brother does not deserve to be living like that, and my mother can't force him to. I really need help here. Someone please help.

2007-03-10 18:11:55 · update #1

4 answers

I have a nephew with Autism. He is 13.
Anyway...
Generally when a disabled child turns 18 a parent or gaurdian gets a lawyer and gets Guardianship or Conservator.
Meaning that the disabled person is not able to make their own decisions, go to Dr. Visits alone, Live alone, etc.

You may check to see if your mom got a lawyer and was granted guardianship over your brother before he turned 18.

If she did, there is nothing that can be done, she will be able to make all decisions for him, unless he is able to go to court and speak for himself. I could be wrong. So you may check with a lawyer for advice.

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I found this hope it helps.
http://www.pai-ca.org/pubs/500501.htm

A. LIMITED CONSERVATORSHIP

What Powers Are Limited?

Like a general conservator, a limited conservator has the care, custody and control of the limited conservatee except that, unless specifically requested in the petition and granted in the court's order, a limited conservator does not have any of the following powers or controls:

1. To determine the limited conservatee's place of residence;

2. To have access to the limited conservatee's confidential records;

3. To control the limited conservatee's right to marry;

4. To control the limited conservatee's right to contract;

5. To give consent for the limited conservatee's medical treatment;

6. To control the limited conservatee's social and sexual contacts and relations;

7. To make decisions concerning the limited conservatee's education.

However, each limited conservator is required to secure for the limited conservatee such habilitation or treatment, training, education, medical and psychological services, and social and vocational opportunity as appropriate and as will assist the limited conservatee in the development of maximum self-reliance and independence.

Any time a conservatorship petition alleges that the proposed conservatee lacks the capacity to give informed consent to medical treatment and asks that the court give the proposed conservator exclusive power in that domain, the petition must be accompanied by a medical doctor's declaration which states that the proposed conservatee lacks the capacity to give informed consent to any form of medical treatment. In addition, a limited conservator of the estate has authority to manage only those assets of the limited conservatee which are listed in the order of appointment.

2007-03-10 18:52:11 · answer #1 · answered by faith♥missouri 7 · 6 0

no longer all states emancipate youth while they have toddlers and a few do no longer do it anymore under any circumstances. In some states at 17 the female ought to stay the place she chooses, in others she may be compelled to return domicile. the extra serious information is the mummy may be held in charge if something got here approximately to her toddler in the two ecosystem. This woman and your brother are in a multitude, in maximum states the legal age of consent is 17 or youthful. regardless of the undeniable fact that during quite some states any 18 12 months previous or older who has intercourse w a minor can nevertheless be charged w sexual misconduct. Its a a techniques lesser cost and wont consequence on your brother being indexed as a intercourse criminal yet nevertheless ought to pose a topic in kinfolk courtroom. There are super variations in how each state might handle this mess, somebody ought to call your DDS/cps etc anonymously and ask inquiries to verify what the mummy's rights are in her state and how lots hardship the father ought to finally end up in before taking any action.

2016-10-18 02:20:08 · answer #2 · answered by ? 4 · 0 0

Your brother should stay with his mother. why does he want to stay with outsiders and strangers? the social services will help you find a solution for a guardianship

2007-03-10 18:30:15 · answer #3 · answered by Anonymous · 0 0

unlikely unless you can care for him

2007-03-10 18:30:47 · answer #4 · answered by rostov 5 · 0 0

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