Whats the best way to fight an unnecessary bid for guardianship :

Asked 12 months ago - Glasgow, KY

as a disabled individual : a temporary guardianship has been granted however the would be guardian has said if i fight it i will not be allowed to stay in my current home: guardianship has been granted under false pretenses : and is moreover unnecessary : i am to respond to the application ; but was told i will be on the streets if i do : additionally is the an alternative solution to guardianship.

Attorney answers (1)

  1. Vance Tate Davis

    Contributor Level 16

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    Lawyer agrees

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    Answered . I'm not understanding the "temporary guardianship" portion of your question unless some kind of emergency petition has been brought and you are awaiting a hearing date for the main case. However, as a general matter, you are entitled to legal representation to defend any guardianship case seeking to take away your rights. You should certainly be able to meet with your attorney (one will be appointed if you cannot or do not hire one on your own) and the very first thing I would suggest you make this attorney aware of is the fact that your would be guardian is threatening to make you homeless if you exercise your legal rights. There are alternatives to guardianships and any competent attorney appointed to assist you ought to be able to explore all of those possible alternatives with you and potentially with whomever is trying to bring a guardianship case against you.

    I strongly suggest you either contact whatever attorney has been appointed to represent you if there actually is an active guardianship case OR contact an experienced local attorney to consult with you about your rights and your options (which might also include a motion to restore your rights if you have in fact already been adjudicated incompetent). You can find such an attorney here on Avvo by using the "find a lawyer" tab.

    I wish you the best of luck regardless of how you decide to proceed. Let me also note that as a disabled person it is likely that you might qualify for housing assistance so you ought to make sure that you explore those options as well and not completely buy into the threat of being "homeless."

    It is impossible to give specific answers to questions without meeting and fully discussing all of the potential... more

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