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Why would someone want to have a member of their family under a guardianship? They would be unable to have a checking account or credit card.

Asked by bettyelively  |  Sep 1, 2010

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My son, without my written consent had me put under his quardianship. Now all my income goes to him and I have to ask for money each and every week. Consequently I am very unhappy about this situation. I want this guardianship cancelled but I would have to go to court to have that happen. It would cost be money that I just don't have.

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Ralph Robbins, Sep 7, 2010

Ralph S. Robbins, CFP© is a fully licensed Certified Financial Planning Practitioner specializing in Eldercare Financial Planning. He works everyday helping families in crisis find creative ways to fund long-term care expenses and deal with family financial issues.

 

You sound as though you are surprised by all of this which does not make sense. Guardianship is an extensive process. You seem to have your wits about you so it seems impossible to me that he could have been granted guardianship without you knowing about it.

For guardianship to have been granted there would have to have been medical or some other evidence as to your incompetency and quite often the potential "charge" is required to appear before the judge if there is any question as to that.

If what you are saying is truly the case, here is what I would suggest:
1. Find out if your county has a pro se office in their probate/guardianship division.
2. See if you can get a copy of the filing and the hearing.
3. Get medical records from your physicians as to your competency.
4. Write a letter to the judge who handled your case. Tell him/her the story and include your medical evidence. Ask that an attorney be appointed to you pro bono and that a hearing be scheduled.
5. Don't take no for answer. Show up at the judge's office if need be. How bad do you want it??

 
 

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195Austin

Give a Hug

Sep 4, 2010

Have you seen a lawyer about this if you are able to do your own affairs I do not understand how he could have done this-with a spouse it is different because my husband could not do anything for himself except rack up credit card bills and he died and I am stuck with hugh credit card bills the companies cancelled the cards in his name but make me pay off the bills-I would be firm with him and have him give you money to see a lawyer it may not be legal what he has done if not I would sue the pants off him for sure.

 
 

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bettyelively

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Sep 8, 2010

I don't even know the name of the judge that handled my case. Never was in a courtroom with my son or his attorney. Evidently my son said I was unable to appear in a courtroom. If I'm able to stay in my home with my youngest son why would I need anyone else to handlle my R. R. Annuity. When I was granted this guardianship my son took it upon himself to put a Certificate of Deposit in what he calls my "Estate". He had no permission from me.

 
 

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PirateGal

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Sep 8, 2010

How was your son capable of having a judge determine you are unable to do anything. There must have been some advocate visiting you or a doctor's referral for this. Can you elaborate if a doctor finds you incompetent or a court appointed person interviewed you.

 
 

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bettyelively

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Sep 8, 2010

Whenever I told my son I wanted out of this quardianship he said he would take me to court. Well I sure don't have a bank account anymore, my annuity goes to my oldest son to dole out to me. When I talked to my sons lawyer I specifically said I wanted a credit card and bank account.. I did get the credit card to purchase needed clothes but I still don't have a bank account.

 
 

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bettyelively

Give a Hug

Sep 8, 2010

I was lucky enough to find two papers that referred to this guardianship. It was in the dash of the car that my son so graciously load me and my youngest son. If I hadn't opened that dash I would never have known what my son had done behind my back. I'm 83 years old and am sick and tired of my son telling me I have a mental problem. I am very upset that my son could be so greedy as to want my Railroad Retirement Annuity. I will never forgive him for this and he knows it now.

 
 

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