how can i go about getting legal guardianship of my 21 year old daughter? i have 2 daughters that were taken from me,my oldest 1 left home cause she didnt have no freedom. my youngest daughter has a disability like i have. my youngest daughter she wants to be with me her birth mom. my 21 had this planned out 4 a week now and her adopted mom knew about it too. her adopted mom says my 21 year old doesnt has no rights at all. so how can i get legal guardianship of my 21 year old? i was told if i want to fight this i have to fight for it down in florida is this true?
Elder Law Attorney
I am not a Minnesota attorney, however, in every state, the law presumes a person who is 18 years of age or older to have capacity to take care of themselves unless a court says that she cannot due to impaired decision-making abilities caused by mental or physical illness or developmental disabilities.
Unless your daughter is under a guardianship, she can live where she likes and do as she wants -- even if her choices are not necessarily in her best interests. If she is under a guardianship and wants to relocate, she may need to go to court.