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Ask Tina Your Own Question
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I have a friend that was injuried and his sister and brother

Customer Question

I have a friend that was injuried and his sister and brother had him declare incompeptent. they say he had a traumatic injury, hospitsl says he had a contusion. they went to court and took away his rights. they are not paying his bills and giving him no money for his personal needs. the question is can he work? he is very intelligent and wants to work they don't go back to court until March
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Georgia
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: He just wants to go to work
Submitted: 11 months ago.
Category: Legal
Expert:  Dwayne B. replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 11 months ago.

Is there a specific question with which I could assist? I see where you ask "can he work" but that isn't really a question for a legal expert, as phrased.

Customer: replied 11 months ago.
While he is under the guardianship can he work with out informing his family
Expert:  Dwayne B. replied 11 months ago.

Is this a guaridanship over his estate, his person (body), or both?

Customer: replied 11 months ago.
Just over his person
Expert:  Dwayne B. replied 11 months ago.

Generally, a guardianship over the body wouldn't absolutely prohibit working unless the court order stated that it did. Employment is one of the weird activities that is a mix of "body and estate".

However, the best way to handle it is to have his lawyer file with the court to determine whether he is allowed to work, especially if he is drawing any type of benefits due to his disability/condition.

It is very likely his lawyer can get the judge to issue a temporary ruling without even having a hearing that will carry him through the date of the hearing in March.