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How do I eradicate the use of a legal guardian?

Sarasota, FL |

I am a 24 year old male with a legal guardian. I was appointed a guardian after my grandfather petitioned the courts, so that I could not leave the Rehabilitation Facility that I was in at the time. Which is now under investigation for insurance fraud. At this time in my life I do not feel a guardian is necessary. He is a real pain, and will not let me get my driving license.

Attorney Answers 3

Posted

You should have been appointed an attorney at the beginning of the guardianship proceedings. You should contact that attorney, or another guardianship attorney. You will need an attorney. A guardianship attorney can help you explain to the Court that your capacity has been restored, and you are no longer in need of a guardian.

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Asker

Posted

I was appointed a guardian in the beginning, whom I was paying out of my trust funds, which at this moment are depleted. Can I still contact that lawyer without having to pay for his use? I had to pay to file a petition for partial restoration of my rights. My guardian isn't even helping me or anything (neglect?). I have a traumatic brain injury, and I do not even receive any benefits from SSI or SSDI.

Brittany Green Gloersen

Brittany Green Gloersen

Posted

First, contact the attorney who was appointed, and ask him or her these questions.

Posted

In order to restore your legal rights, the Court would have to set aside the Guardianship. Your feelings about it aside, you will need legal proof to support the allegations. You need to hire an attorney to file these pleadings.

The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505

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Asker

Posted

I was appointed a guardian in the beginning, whom I was paying out of my trust funds, which at this moment are depleted. Can I still contact that lawyer without having to pay for his use? I had to pay to file a petition for partial restoration of my rights. My guardian isn't even helping me or anything (neglect?). I have a traumatic brain injury, and I do not even receive any benefits from SSI or SSDI.

Barry A. Stein

Barry A. Stein

Posted

No obligation on the attorney's behalf to provide you services without getting paid. The attorney likely represents the Guardian and not you, the incompetent. Since you have already filed a Petition for Partial Restoration, you know the procedure. You could file a Petition on your own. As for Social Security benefits, if they should be available, then the guardian can make that application for you.

Asker

Posted

The fact of the matter is that I am not incompetent. I am living on my own as we speak, well not necessarily ON MY OWN, but unsupervised, and independent.

Barry A. Stein

Barry A. Stein

Posted

Incompetent a legal phrase and not a judgment or assessment of you. An individual under a guardianship is an incompetent by law. I am glad you are independent. Good luck.

Asker

Posted

Thank you for your help.

Posted

You will want to hire an Attorney to help you handle this matter and you would need to Petition the Court to allow for your Guardian to be removed. If you look back at the Court Docket you should be able to find the Attorney who was appointed to represent you in the original Guardianship and that would be a good place to start.

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