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How do you end a guardianship on an adult under California law?

Pomona, CA |

My husband is now in his thirties, married, and academically/professionally successful. His mother, an attorney may have had him rendered incompetent due to Aspergers at the age of 14. He has a large sum of money, but his mother controls all of it and won't give him any details about it. She has lied about it, but we do know it exists and it is his. I read under CA law that if a guardianship exists on an adult it is ended if the person turns 18; The child is adopted, marries, enters the military, or is declared an adult (emancipated) by court order; The child dies before turning 18; or The court ends the guardianship. Is this true in all cases? Are there exceptions? We married almost a year ago and I need the financial nonsense with is mother to end.

If there is a legal guardianship on him as an adult, does our recent marriage automatically discount any previous court orders? Based on the law it would appear to be so. Can we just ask for the money on these legal grounds?

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Attorney answers 1

Posted

Hire an attorney find out if there is a guardianship and take him to court and demonstrate to the court that he does need a guardian or conservator. There may be a trust which will be harder to break.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

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