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My stepfather and aunt have been saying years that I abused…

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My stepfather and aunt...

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

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No, I cant afford one

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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.

Submitted: 2 years ago.Category: Family Law
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Answered in 1 minute by:
2/12/2016
Family Lawyer: Loren, Lawyer replied 2 years ago
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 38,309
Experience: 30 plus years of experience.
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Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

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Family Lawyer: Loren, Lawyer replied 2 years ago

What is your question?

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Customer reply replied 2 years 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?
Family Lawyer: Loren, Lawyer replied 2 years ago

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

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Customer reply replied 2 years 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 reply replied 2 years ago
I want to file to modify guardianship either making my brother co gaurdian or term my stepdads guardianship and remove him completely.
Customer reply replied 2 years 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.
Family Lawyer: Loren, Lawyer replied 2 years 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.

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Family Lawyer: Loren, Lawyer replied 2 years 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.

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Customer reply replied 2 years 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 reply replied 2 years ago
Is there an emergency motion I can file to put some kind of stay on the guardianship until we can have a hearing?
Family Lawyer: Loren, Lawyer replied 2 years 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.

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Family Lawyer: Loren, Lawyer replied 2 years 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.

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Family Lawyer: Loren, Lawyer replied 2 years ago

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