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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11699
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My stepfather and aunt have been saying years that I abused

Customer Question

My stepfather and aunt have been saying for two years that I abused my mother, which she says I did not, doctors say I did not, bank says I did not, basically they have no evidence. I was investigated by the police and was never charged. m
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no, I cant afford one
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else important you think the Lawyer should know?
Customer: My stepdad has incurred credit card debt in my moms name; plus other debts that are now in collections. My aunt was federally indicted for stealing government funds when she continued to cash my grandmothers social security for two years after she died.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Customer: My stepdad got guuardianship over my mom, based on these lies, and now is threatening to move her to texas. She had a POA that put me and my brother as guardian if she ever needed one.
Submitted: 1 year ago.
Category: Family Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

What is your question?

Customer: replied 1 year ago.
Hi Loren, I did not get to finish my question. My stepfather used the lies he made as statements of fact in his petitions to the court for guardianship. He was able to get guardianship without any notice to my brother and I. He has used this guardianship to block my access to my mom whenever he feels like I am not "keeping in line" how do I notify the court about the lies and terminate the guardianship?
Expert:  Loren replied 1 year ago.

Thank you for the additional information. Have you attempted to contact the local social services?

Customer: replied 1 year ago.
they see me as I have been painted by my stepdad, an abuser. I did send them proof that I did not do anything wrong, but they still won't help me.
Customer: replied 1 year ago.
I want to file to modify guardianship either making my brother co gaurdian or term my stepdads guardianship and remove him completely.
Customer: replied 1 year ago.
I have not responded to most of his allegations and I do not want to get into mudslinging. I need to know if court needs to honor the wishes of my mother about who she wanted as guardian.
Expert:  Loren replied 1 year ago.

You can file a motion before the court to revoke or modify the guardianship based upon his abuse of the appointment and also the defects in procedure. You can do it pro se. The clerk of the probate court will have the forms.

However, based upon the history of the case, I think it is futile for you to do this without an attorney to help you present your argument. You will run into the same issues as before.

Expert:  Loren replied 1 year ago.

I realize you said you can not afford an attorney, but I really think you are not going to be able to get what you want proceeding as before. All states have organizations for elder legal services. Try contacting AARP. They should be able to direct you to one in your area.

You can also try contacting any nearby law schools. Many have legal clinics where students can get real courtroom experience under faculty supervision.

Customer: replied 1 year ago.
I am afraid if I dont file something today he is going to take my mom to texas. I found out that yesterday he had a hearing where he was trying to get a restraining order against me, my husband and my daughter, but he did not get them. He said he is not finished by far, he is consumed by hate, I don't know why. We used to get along, so it is very hard.
Customer: replied 1 year ago.
Is there an emergency motion I can file to put some kind of stay on the guardianship until we can have a hearing?
Expert:  Loren replied 1 year ago.

It does not happen that quickly. He would need to transfer the guardianship to Texas to take her there and remain guardian. However, you are going to need to prove actual harm or abuse. The court will start form the legal presumption that the spouse is the natural guardian and will not overrule the original appointment without the showing of cause, such as abuse or incompetency of the guardian.

Expert:  Loren replied 1 year ago.

Also, as I said, this is not going to be anything you will be able to do pro se. Equitable remedies involve complex litigation. So, while you may be able to get an emergency motion on file, you are going to need to show that circumstances have changed since your stepfather's appointment, or else it will be summarily denied.

Expert:  Loren replied 1 year ago.

Are you still online with me?