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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116738
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Is this service free, I only had how to fill a legal form,

Customer Question

Is this service free
JA: The Family Lawyer's require payment for their services. It's way less expensive on JustAnswer than face-to-face would cost.
Customer: I only had how to fill a legal form
JA: Family law varies by state. What state are you in?
Customer: WA but it pertains to breviary county FL
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: It's just a written defense re: an emergency adult guardianship petition placed against by my mother to keep me away from helping my dad. She has been very mean to him too many years but I don't know how to and what to fill out for the 18 th circuit court of breviary county fl
Submitted: 6 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Can you please clarify what you are asking? You need to file an "objection to guardianship," do you have a form you are using? Have you obtained an attorney yet, if she is mean to him and you are in WA and he is in FL?
Customer: replied 6 months ago.
That's what I want to be sure about I looked on line at the brevard county court and I have printed a motion. Now I did email you back with more details about the petition and her reasons behind it I hope you received them. Please let me know. I now just want to know if I have the correct t firm to respond to this emergency adult guard ship formal notice you served me with re my father. She us I ply I g he is totally incapable of not able to do anything for himself which is not true. She is not the actual person who should be in a nursing home as she has had a stroke cancer heart attack can't talk and she is still trying to commit my dad in a place where she can control him regardless of her health needs. Her and the bastard 1/2 cousin that my father supported along with a family 5 making it 6 did it on his own with some monies giving from her brother the actual father of said bastard cousin but according to mother it was never enough so destroyed an amazing relationship we as kids had with coolest aunt who was married to this brother after his death by heart stack told the aunt that said cousin was actually his daughter hoping to get a piece of what life insurance or monies she could get her hands on for this cousin. It's all about the money now she has taken everything away from dad just like she did with me using me as a cash cow when I thought I was helping the family and she told me she would give it back whenever I got married but she didn't. It got worst she opened credit cards in my name cuz she knew my social and they have done that to dad. Anyway I'm getting off course. I received 3 petitions plus a formal notice saying I was threatening to take my father out of the nursing home and out if Florida to Washington state. This is a lie he was offered to us over year and half ago they said he had dementia I said I need to speak with a doctor to know exactly how bad what that is in accordance with dad how much and that we would need a power of attorney if this all true that's when they went ballistic. His wife told she would not give me his pension she would pay me herself with a check I said no way I don't trust you! One if those clowns took the phone turned to dad cuz he was ready to. One to me and they told I didn't want him and hung up the phone. It's not until this August I found out my dad was in a nursing home Palm Bay fl. I sent a gift to my dad dsys prior to his birthday his wife had not been there until that day or the next day and saw what I gave him and she wanted to know who gave me his addresss. She was mad. Becausevthe actual daughter that does care for him has always giving him Father's Day birthday and Christmas gifts usually gift cards that look like credit csrds. This is why she has now presented me with this lovely emergency petition during the holidays thinking there would be no possible way for me to get this done before the deadline. Please help me! Please! I love father they all don't they are just money hunger people.
Customer: replied 6 months ago.
I'm sick I can't talk a really cough. I think this whole thing has been draining me cuz I find myself looking in my iPad until five in the morning everyday. Printing and reading and I'm afraid to make a mistake. I just need to get some thing in to the clerk by January 2, and I will have first class register to all involved on the petition right? Primary concern is my Court Clerk that wife of his attorney, my dad attorney to whom I can't get in touch with at all I was hoping she could help me with this process, than the just register the rest of clan that doesn't really care that are mentioned on the paperwork. They most think they are going to get a piece some sliver of cheese. They are in for a big surprise!!!!!
Customer: replied 6 months ago.
Sorry for the spelling errors you can tell I'm getting worse with the chest and head cold. I got to be strong for my dad. I'm the only one now. My sister one year younger me is a bonafide liar she was a deputy she retired cuz she was afraid of all that was going in out there. To tell you the true I font even know why she became one oh yea her big mouth that always got her into trouble and I'm the one that always had to get her out of trouble that's it! She told me she would buy a house a bring dad to live with her well she bought house she said she missed him oh how she loved him and then when I asked her how far do you live from him 40 mile. I hound out by just a few keys on my iPad she lives 7 miles away from dad and I even know where his wife lives and none of them gave me an address do they around the area but they won't take him home. My brother in PA has always hated my dad but then again when you have two bills in pen.... my brother loved bothering my dad on purpose. So he is not helpful at all and he rill make daddy look like a monster when I have never saw that side of daddy but I always saw that side of that wife/mother. Wow!!!
Customer: replied 6 months ago.
Sorry I meant bulls in a pen
Customer: replied 6 months ago.
With all this information I have provided you with does any of this help? There are discrepancies in the petitions. Should I acknowledge those discrepancies in a form is it the form Motion that I need to fill out and return to the court? should I also address discrepancies that unnoticed in her petition in the Motion? I agree to the additional amount but I cannot speak with you can you just show me a form on my phone as to what it looks like and what is my name placed under what title respondent/defendant
Prtitioner/plaintiff
Customer: replied 6 months ago.
I am not sure as to what was worth $31.00 from your business after what I provided! I want to know what particular form to fill out for the 18th Judical Circuit Court Brevard County FL to respond to a formal notice I was served regarding my father On a petition for appointment of planaria guardian petition to determine incapacity petition for appointment of emergency temporary guardian and now I have to respond to this but my father is not in capable of taking care of himself all his problem is he just repeats new things he can bathe himself he can walk he could talk he can clean he can make the bed. He remembers a lot is very cordial he used to be in charge of obscurity use work up until four years ago she just wants to control him put some in a nursing home which I don't even know how he did it or she did it but he was price of that up with her that he just wanted to get away and just didn't realize what and how she did it. Does it have to be notarized before faxing or emailing it and I know to register mail it and I will do it directly afterwards that's no problem. This form is my concern for right now I was just providing you the background of what happened.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.

I am sorry for the delay in responding, but like you mentioned above, I too was a bit under the weather yesterday and had to stop working early and just go lay down because I couldn't hold my head up and I couldn't stop coughing. These colds can knock you out.

Okay, so you are worried of your step mother cleaning out your father's assets AND on top of that, and perhaps more importantly, she is not physically and mentally competent to care for him since her stroke (this is the strongest argument).

The issue you have is you will have to physically go to FL to fight this in court and the FL courts require an attorney representing someone in a guardianship case. The reasons an attorney needs to be involved is that the court needs to insure that there is no improper purpose in the guardianship request, but again you are not physically in FL so you cannot represent yourself pro se anyhow, because while you could get appointed guardian, there would need to be someone in FL as well to carry out your wishes as to your father when you are not present in the state.

The fact she is not physically or mentally capable of taking guardianship over him would be a very strong argument that she is not competent to care for his affairs. If you have any evidence that she has improperly used his assets, you can use that as a part of your argument but the lack of competence is still stronger. If she is actually abusing him, you also can contact FL Adult Protective Services and they will step in and will investigate to protect him from any abuse from her, physical and financial.

So you are going to be filing 1) an answer to her petition and 2) a counterclaim for guardianship against her. Again, doing this from WA and you are not present in FL is not going to work with you being pro se, you will need a FL attorney to step in and represent you if you really want a stronger chance of success.

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