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I need to get legal guardianship of my adult handicapped daughter (41 yrs. old, cerebral palsy). My ex husband is threatening to keep her at end of month. I have raised her since birth with her handicap. Please help. Limited income here. Thank you in advance.
State/Country of Question: Pennsylvania Already Tried: Was married 34 yrs. Left because of phsical and mental abuse, 1 of which is documented at Lankenau Hospital in Lower Merian, Pa. med. clinic along with Pictures that were placed in social services dept. in 2001. He used to also hold a loaded 9mm to my head and was today informed that he has acquired his license to carry. My main concern is that he can't properly care for my daughter. everytime she is there for a visit, he puts her in hospital for a small thing like constipation. He nor his wife cook, so she eats things she is not allowed to have. He forgets her pills many times. His wife makes no bones about not wanting her there. She too, is always in her ear about why she gets sick there and not at home with me. Tells her that her dad has to work and can't stay with her. My daughter can't walk away from that, and she feels very guilty after. She loves her life here with me in Clearfield County. Stressfree, quiet, lots of ground for her to wheel around..I just couldn't live with her staying there (Delaware County) under that stress. People always yelling. He wants her there basically for 3 reasons..get back at his wife, my daughter's SSI and to try and force me back to the area. That's some detail but certainly not all. Thank you
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By reading further, you agree to and acknowledge the following: 1. You understand that laws vary drastically by state and country and that this answer does not constitute legal advice and that no attorney-client relationship is formed. 2. You understand that because no attorney-client relationship is formed, no attorney-client privilege exists and anything you have written could be used against you in court if discovered by an opposing party. 3. You understand that it is impossible for an attorney to provide complete and proper legal advice with JustAnswer and you therefore acknowledge that information provided on JustAnswer is not legal advice. 4. You understand that T-USA is providing this information for the sole purpose of helping you to seek and find legal counsel in your particular state. 5. You understand that T-USA is not providing you with legal services or advice. 6. You understand that T-USA is not agreeing to represent you in any legal matter and that no attorney-client privilege is formed. 7. You understand that you should consult, in person, with an attorney who is licensed to practice in your state or the state in which your question's subject matter is taking place. State laws can vary drastically. Accordingly, you should consult an attorney who is licensed to practice in your state about this matter. What follows is neither legal advice nor a legal service. What follows is general information which may or may not apply, depending on the laws of your state. Only an attorney who is licensed to practice in your state can provide legal advice or legal services. _____________________________________ rubyrush, To obtain legal guardianship of an adult, it is generally necessary to petition the probate court to establish the guardianship. The petition should typically be filed at the Clerk of Court in the county the person resides in. In the petition, it is generally necessary to explain why a guardianship should be established, how this is in the best interests of the person who has been determined incompetent, and why the petitioner is fit for the role. The court will then need to determine whether or not the person is incapable of taking care of herself. This often involves hearings, doctor’s evaluations, etc. A petitioner can likely expect several court hearings on the matter so as to determine whether incapacity exists and whether the petitioner is appropriate for the guardianship. Courts will not give one adult authority over another adult without a considerable amount of evaluation as to the necessity of the matter. Further, if another party also seeks to be the guardian of the individual, this could result in a longer, more drawn out process. It is important to consult with an attorney who is licensed to practice law in your state regarding such matters, as he can best assist you in preparing and filing the petition so as to maximize your chances of success. The attorney can also help you evaluate alternative measures, if any are available. Given your daughter’s condition, free/discount legal services may be available in your area. Your state’s lawyer referral service may be able to assist you in located such legal services. You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services: http://www.abanet.org/legalservices/lris/directory/ Because I have provided you with a detailed, high-quality answer in an extremely timely manner, please click the green Accept Button to accept my answer so I will receive credit for the time and effort I have spent answering your question. Bonuses are greatly appreciated for the exceptional information I provide. In the future, please feel free to ask questions of me personally at: http://www.justanswer.com/profile.aspx?PF=18048122&FID=0
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