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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33076
Experience:  16 yrs. of experience including family law.
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If a child turns 18 and is disabled how do you file for legal

Customer Question

If a child turns 18 and is disabled how do you file for legal guardianship of him I am his mother. I was told by ss that this was what I would have to do to become his payee. He is non verbal and austitic.
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
Adult guardianship must be ordered by the court. A court can order an adult be made a "ward" of the court if they require the care and assistance of another in their daily living activities.
The process is not complex...you would file a motion with the court (the court where the child lives) and ask the court to order that the child be made a ward and appoint you as guardian.
So this is possible.
But you will want to use a lawyer
A motion is a formal legal request. You have to follow the rules of procedure and evidence when presenting evidence to the court. The adage "a man who represents himself has a fool for a client" is often true. If you act as your own lawyer, the court will expect you to know the law/rules/procedure/evidence just as if you were admitted to the bar. They (the court) will not cut you any slack. So having a local attorney help you prepare and present this to the court will ensure that the process goes smoothly.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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