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What type of motion for a guardian do I file here? I am

involved in a civil case...
What type of motion for a guardian do I file here? I am involved in a civil case, I am the defendant and do not work. The case against me is to enforce a no contest clause in my trust and remove me as a beneficiary of that trust.. I am not disabled, but I certainly am unable to tend to this case properly... the Plaintiff has involved my wife and the local police, and have been trying to have me declared incompetent... it's a real mess and the pressure is simply too much. At the beginning of the trial, the judge pointed out that if he thought I couldn't properly manage my case that he would appoint a guardian, but not in the usual sense of the word. Apparently, he can appoint a guardian for only matters pertaining to this lawsuit. I've barely gotten by and bombed the last hearing bad, the judge knows that I wasn't able to get through half of my evidence before I broke down and I think he will probably grant a motion for help. What type of motion do I file to appeal to the judge for a guardian in this matter? I can't afford an attorney...
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Customer reply replied 24 days ago
I should add that I have Bipolar disorder, that is why I do not work...
Answered in 31 minutes by:
3/28/2018
Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 429
Experience: Attorney/Member in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

The Motion you would need to file is very basic, simply a motion to appoint a Guardian ad Litem.

I have attached a link here that discusses what a Guardian is and how it operates.

The motion would simply be a written document with the caption and case number ***** your case asking the Court to appoint a Guardian for you.

However, that being said, if you are in the case and it is a case to remove you as the beneficiary of the trust, you may not want Guardian. I would strongly suggest that you speak to an attorney first as the Guardian will not serve as legal counsel for you and may in fact be able to stand in your place and make decision for you that they believe are best for you and that you may not believe are in your best interest. If you have a Guardian appointed, you may lose a great deal of control.

I have attached here a link to a lawyer locator in Kansas through the state bar and I would encourage you to consult with an attorney prior to asking for a Guardian as once you have a Guardian, it may be too late to undo things that may occur.

I have also attached here a link to some pro bono legal resources in Kansas that you should consider as well.

There are attorneys out there who will assist you at low or no cost. However, the worst thing you can do is to proceed forward not knowing what your rights are and potentially having someone to protect them.

You can always decide to get a Guardian later.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 429
Experience: Attorney/Member in Private Law Firm
Verified
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Sean K
Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 429
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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