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Law Maven
Law Maven, Lawyer
Category: Canada Law
Satisfied Customers: 164
Experience:  Lawyer & Instructor at Algonquin Careers Academy
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Mikayla is 18 years old she is presently living with her

Customer Question

mikayla is 18 years old she is presently living with her aunt and uncle who are her legal guardians at the time she is also on aish and graduated from grade 12 in june I am told she is on aish because she has a slight disability she has a minimal brain
damage from when she was young she is not happy living where she is now my question is can she legally leave her aunt and uncles home and come and stay with myself, I am a friend , without legal implications to her she is not allowed to do anything or go anywhere
because her aunt says she is on lockdown so she doesn't leave them as an adult does she not have the right to make her own decisions ?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Samuel-II replied 2 years ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Please tell me

What is "aish"?

Is she about to work? Is she on disability?

What is your relationship to her?

Customer: replied 2 years ago.
Aish is a disabity pension from the govt for those who are unable to work she is well able to work she has just completed high school her family just wants to have control over her I am like a second mom to mikayla a friend but she calls me mom
Expert:  Samuel-II replied 2 years ago.

Hello

Thank you. And this is in the US? I apologize I am not familiar with AISH. I believe this may be for Canada law? Is that correct? If yes, I will have this moved and your deposit will stay in tact until a Canadian professional contacts you.

Customer: replied 2 years ago.
this is in canada how soon is someone in Canada able to help
Me out with my question ? She is wanting to leave her aunt and uncle
Customer: replied 2 years ago.
I need to know the legal implications ASAP
Customer: replied 2 years ago.
Thankyou!!!
Expert:  Samuel-II replied 2 years ago.

I have requested this be moved to Canadian law. I cannot tell you how long that will take.

Expert:  Samuel-II replied 2 years ago.

i have also sent a special inquiry to the moderators of this site to have this moved asap.

Thanks for your patience.

You could also repost it in the Canada Law category on this site.

Expert:  Law Maven replied 2 years ago.

Hello – my name is***** am a Canadian lawyer, and I’ll be happy to help with your question today.

.

Do you have any idea what the guardianship papers say? I ask because normally at 18 a young person can choose where they want to live without consulting their parents or guardians. If Mikayla has a physical disability, she would also usually be able to make those choices herself. The fact that she has minimal brain damage may mean that at some point she was assessed as being unable (incompetent) to make decisions about her own care. If there is an official assessment saying that she is incompetent to make personal care decisions, then it is up to her legal guardians to make those decisions for her.

.

It sounds as though whether or not she might have had mental capacity issues before, if she can successfully complete high school it seems likely that an assessment now would show that she does have capacity.

.

That essentially means that she has a couple of choices. She can move out of her guardian's home, wait for them to try to bring her back, and then challenge them in Court requiring them to prove that they should be making decisions for her. Or she could see her doctor, and ask whether there is a capacity assessment in her file, if there isn't, ask the doctor if she or he has any capacity concerns, and if they don't get them to write that down. Once a medical 'expert' (really virtually any doctor) has said that she has capacity to make decisions, then it would be difficult for her guardians to try to stop her.

.

One issue to consider is that AISH is supposed to be for the severely handicapped, if, in fact, Mikayla is capable of working and living independently, she may also be required to get work and support herself. So she needs to decide whether she truly wants independence if it comes with that cost. She may be wise to consult with a legal clinic that offers services to people with disabilities (she can get a referral here: http://www.povnet.org/find-an-advocate/ab/disability) to see what the pros and cons of various choices would be.

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I hope I have fully answered your question, but please do not hesitate to ask for more information if needed. When you are satisfied with the answer, kindly provide me a positive rating so I can receive credit for my answer.

My answer here contains only general legal information and not legal advice. No solicitor/client relationship has been created by this communication.