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I am guardian of my adult son. We are in Massachusetts. Am

I am guardian of...
I am guardian of my adult son. We are in Massachusetts. Am I liable for any wrong doings? For example can they come after me if they sue him?
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Answered in 10 minutes by:
9/5/2013
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,478
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Am I liable for any wrong doings? For example can they come after me if they sue him?
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If you have been appointed legal guardian for your son, then you are essentially in legal control of his life and have a responsibility to look out for his wellbeing. But if he does something wrong, either criminally or civilly, then the victim can only look to him and his assets if they suffer damages. A guardian is simply an agent for the ward, but does not assume any personal liability for the ward's actions themselves.
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So for example, if son damages another person's vehicle, they can sue him for that damage. Since you are his legal representative, they would have to sue you in that capacity as well. But you wouldn't be personally liable..
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Customer reply replied 4 years ago


So, that means that I don't have to worry about anyone my savings or house? This is for Massachusetts correct?


 


Thanks

So, that means that I don't have to worry about anyone my savings or house? This is for Massachusetts correct?
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Correct. And yes, this is the law in Mass. A guardian is just a person acting in a legal role for the ward, kind of like a job. So if the ward (i.e. the employer) does something wrong, the guardian (i.e. the employee) is not held personally liable for the ward's actions.
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Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,478
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
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Customer reply replied 4 years ago


Thank you for your assistance on guardianship. However, I have an additional problem with him. He has been having violent outbursts and is destroying my property. I have tried to work things out with him, but things have gotten progressively worse. I have asked him to leave before, but he has always conned me into staying, but nothing ever changes. He has the entire family living in fear and he has threatened to kill me.


 


I have told him he needs to find a place to live. I have given him until Saturday or I will all the police. We are all living in fear and have taken as many precautions to stay safe until he leaves.


 


Do I have to worry about any problems getting him removed?

Can you tell me why you have been appointed as guardian for son even though he is an adult?
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Does he have some kind of physical or mental disability?
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Would he be able to live on his own and manage his own affairs without your help?
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Barrister
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Customer reply replied 4 years ago


I got guardianship when he was still in school. He was having difficulty with impulse control and needed guidance in making decisions. He got himself in trouble with the law and I was looking to be able to help him.


 


In the past few years, he has been able to take care of himself. He has held a job, managed his own money and is very independent. He will not allow me to help him in anyway. According to him, nothing he does is any of my business and I need to shut up and stay out of his life.


 


He does not want me to be his guardian, but has not gone through the process to have me removed. I am in the process of resigning, but it takes time and money.


 


 

Ok, if he is able to manage his own affairs and is not under any legal disability, then there would be nothing that would prevent you from either evicting him from your home or having him arrested if he is violent or threatening. Whether he is a ward or not, he doesn't have the right to violate the law.
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But if he is not being violent or threatening at the time you require him to leave, you would have to go through a formal eviction which starts with giving him a 30 day written notice to vacate and then going through a formal eviction through the courts if he doesn't move out within that 30 day period.
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Barrister
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Customer reply replied 4 years ago


I don't understand why I just cannot make him leave. He is not a tenant. When I tell him to leave and he gets violent, I need to wait for the police to arrive, he could already have hurt me by the time they get there.

The reason is that when an owner lets someone live with them for an extended period of time, usually over 30 days, they acquire the same rights as a legal tenant. Under the law, you are considered the landlord and he is a tenant under an oral month to month tenancy. I don't particularly like the way the law is on the topic, but it is what it is.
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But if you are threatened or he becomes violent, you can have him removed by police and then seek a restraining order against him that will prevent him from coming back at all. That is the only other way you can legally get him out other than eviction...
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Barrister
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Customer reply replied 4 years ago
I just had the police remove my son from my home. He was arrested because he was violent.

I want to thank you very much for your time and thorough answers to my many questions.

You have helped a great deal.
You are very welcome. I hope you are able to eventually work things out with son and he realizes his errors...
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Barrister
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Barrister
Barrister
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