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Amber E.
Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1465
Experience:  Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
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I need a conservatorship mentally sick, adult daughter.

Customer Question

I need a conservatorship for my mentally sick, adult daughter. She has been diagnosed with bi-polar, Shizaphrenia and oppositional/defiant behavior. She is 24 years old. Has lived on the streets and in and out of mental clinics for years, she won't take medication, but chooses instead to self-medicate on M.J. etc...... She steals from everyone in the family. She also sells their processions. She can't be trusted to cook, clean, see to her doctors appts. Her moods swing, from just plain goofy, to violent and combative. Can't be trusted to keep strangers out of my home, when I'm at work. Can't be trusted to take care of any important business. She doesn't have an education, or drivers lisc. She can read and write. But isn't capable of filling out forms, or answering questions. She isn't able to get or keep a job....She became sexual at an early age, and started getting pregnant at 16, she has had several miscarriages, may abortions? She gave birth to a son at the age 18 in 2008, then premature birth,to twins boys. Due to lack of prenatal care in 2009, these pregnancies were just on year apart. July, 2008 and July, 2009. All by the same mentally slow man. Who is a heavy drug user, who by the way, has 8 other children by 4 other women. and another child by a 16 year old girl, which landed him in prison. These twins were due in September of 2009. They weighed 2 lbs. and 10 ozs. each, 2 months premature. Then she got pregnant again in 2010 and has another little boy, which was born in January of 2011. By another man. All these kids were adopted out. The DHS. took the first 3 babies away, because of gross neglect. She would not care for them. Says these are my damn kids and I can do whatever I want with them. Including putting them in a microwave oven, etc, etc.... I had to fend for them....All the crazy things she would do, I was half out of my mine. I am a single mother. Divorced. And have one child still at home, a 17 year son. We are afraid my daughter will harm us in our sleep. Or worse...I don't have much money, but need help badly with this girl. Can you help? I live in Tulsa, OK. My name is***** e-mail me at***@******.***. Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Amber E. replied 1 year ago.
Q. I need a conservatorship for my mentally sick, adult daughter.
Thank you for your question and I am so sorry to hear about what you are experiencing.
Unfortunately, we are not allowed to "represent" customers, we are not even allowed to provide "advice" under site rules; however, we can provide information and hopefully the following information will be of help to you.
Under Oklahoma law, as elsewhere, adults 18 years and older are presumed competent. But when their actions suggest incapacity (including an inability to make rational decisions or when the decisions they do make place them at risk of causing harm to themselves or others), then they can be judicially determined to be incompetent by a court of law.
Once determined incompetent, a guardian is appointed by the court to take care of the individual's person and/or property. The appointment can be "general" or "limited," however in some cases it can be "special." A special guardian is one appointed for emergency purposes, such as when there is an imminent health or safety danger.
While it is not required to have an attorney to file a petition for guardianship, it helps. This is especially true if the matter may be contested. At the hearing, several factors are considered, including the individual's condition, and any necessary care or proposed treatment they may need. The individual who is subject to the petition has the right to hire an attorney or the court may appoint an attorney for them, so having one yourself helps.
If you are not able to afford an attorney, you can apply with your local legal aid office for representation at no cost. To find the office nearest you, visit www.LSC.gov
If you decide to pursue the matter on your own, you can find the various steps in the process detailed at the website below, including links to the law for your review.
http://www.senior-law.org/Home/resource/guardianship-overview/guardianship-petition