My parents and I have never gotten along. Until I turned 18, I was in special ed with a para. I withdrew myself from special ed and terminated my IEP and para. I have moved out at 18 at 12:00 AM without notifying my parents leaving a note on my bed stating I'm not kidnapped and not to contact me. My parents found out from a former classmate that I was no longer in special ed. My parents want to get guardianship of me stating I'm incompetent (which I'm not). From my knowledge, 2 unrelated doctors must say a person is incompetent for it to go to court. The problem is, I don't know how to cook and I'm living in a hotel paid for by a friend. Would my parents be able to obtain guardianship of me if I don't know how to cook and I'm living in a hotel paid for by a friend if I'm competent?
Your parents could file for appointment of a guardian on the grounds that you are incompetent. They would have to prove that you are incompetent and you have the right to contest them. Not sure if you need two independent doctors to say that you are incompetent, but incompetency is a legal determination based upon medical and non-medical evidence. In most states, incompetency is defined as an inability to provide for oneself and to protect oneself from abuse, neglect, or exploitation (including self neglect). You say that you are not in special ed any more. What are you doing? Are you employed? Are you enrolled in a training program to learn a skill that will lead to employment? If you want to be independent from your parents (which it appears you do), then you need to think long term and living in a hotel paid for by a friend with no cooking skills won't cut it for long. Since you had an IEP, look to see if your community has an agency that provides services for developmentally disabled individuals. You are also probably going to need some counselling to assist you with the transition to independent living. This is nothing against you-- you are facing a big world out there with lots of choices, and all kinds of people need help with the same things, too. Working with an agency would demonstrate to a court that you appreciate the difference of being on your own vs. living with your parents and that you are taking steps to become self supporting. Best wishes to you for your success.
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You asked a very similar question in a separate posting. I responded to that other question, and I would refer you to that response. The only other thing that I would add is that the standard is not "incompetence." Please see my other response.
Good luck to you.
Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.
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