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I need a lawyer to fire my mom as personal representative…

Customer Question
I need a lawyer...

I need a lawyer to fire my mom as personal representative and appeal guardianship

Lawyer's Assistant: Have you documented this or discussed it with HR?

Not yet

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Not employment its with self directed services

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Ya they are very close minded about disabilities and just power hungery

Submitted: 6 months ago.Category: Employment Law
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Answered in 1 hour by:
1/2/2018
Employment Lawyer: lawyerJ, Lawyer replied 6 months ago
lawyerJ
lawyerJ, Lawyer
Category: Employment Law
Satisfied Customers: 177
Experience: Attorney
Verified

Hi there. My name is ***** ***** I'm a licensed attorney. Please note, all information is provided for educational purposes only. It sounds like you need to file for termination of guardianship. Can you tell me what state you're located in so I can direct you to the appropriate resources?

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Customer reply replied 6 months ago
Montana
Employment Lawyer: lawyerJ, Lawyer replied 6 months ago

Ok got it. You'll want to reach out to the Montana Legal Services Association. They can assist you, free of charge, in terminating your guardianship arrangement, or help you find a pro bono attorney in your area who can do the same. If you're concerned about the way your current guardian is behaving, make sure you document all negative treatment (i.e. keep pictures of text messages, emails, or other abuses).

When you file for termination, you'll have two different paths you can take. You can either file for termination on the basis that you no longer need a guardian. This would be easier if the condition that you had a guardian appointed for has resolved itself (i.e. there was a temporary illness or disability that is no longer present).

If the situation for which the guardianship was appointed is still occurring, it would be easier for you to suggest a different guardian who would have your best interests at heart. It would be best if you spoke to this potential guardian ahead of time and they made a statement that they would be willing and want to be your new guardian. If that's the case, you'll be filing for termination of guardianship and/or substitution of guardian.

If I've fully answered your question, I'd appreciate a five-star rating. If not, please let me know how else I can assist you.

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Customer reply replied 6 months ago
how about firing the current personal representative with the self directed services what documents and proof or actions do I need for that
Employment Lawyer: lawyerJ, Lawyer replied 6 months ago

That would be the same kind of documentation. Anything written is always the strongest evidence, so any documentation you have that she has not acted in your best interest. You can use the same evidence for termination of both roles.

You'll first need to terminate her guardianship role. If you've been deemed incapacitated, you won't be able to sign legal forms terminating her guardianship. Once you've terminated her guardianship, your new guardian can revoke her power of attorney/ personal representative status using this form. Again, I'd recommend reaching out to Montana Legal Services so they can make sure all filings are done in the proper order.

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Customer reply replied 6 months ago
Thanks for your help
Employment Lawyer: lawyerJ, Lawyer replied 6 months ago

Of course. Please let me know if I can help any further.

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Employment Lawyer: lawyerJ, Lawyer replied 6 months ago

Is there anything else I can assist you with?

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Customer reply replied 6 months ago
the guardian ship forms will help fire her as the personal representive
Employment Lawyer: lawyerJ, Lawyer replied 6 months ago

Yes -- petitioning for a new guardian would help terminate personal representation. Once the new guardian is appointed, that new guardian can revoke her position as personal representative.

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