In MO.
Please let me apologize ahead of time for length and amount/type detail, but this situation is complicated.
Family members filed a petition listing bipolar, no bank account, do not maintain property, have no means of support outside family, listed therapist they hired 6 years ago.
I have PTSD, a bank account, property listed to maintain was my old car with a blown head gasket (not feasible to repair). I had employment until last October, family offered free rent so I could save for an apartment(requested rent be paid in cash, other financially dependent agreements on my part as well so not good), but I was looking for other employment because mine involves travel, it wasn't possible with cost of car repairs. After offering support for a job-hunt, it was withdrawn when I refused to give family medical information, then given in checks labeled "living expenses" with the instructions to cash the check and then return all but $50. I offered to leave their property, but they would have to take their pets back, and they I was told they would either be put down or be put outside and the dogs (the pets were cats) would rip them apart.
I have kept both diagnosis, medical treatment, and financial information private from family for past several years. The therapist they hired refused to give them what they wanted in counseling. Much dysfunction on both sides, do not know what my chances are, but I choose to fight rather than give up as has been my pattern most of my life. Two weeks before this was filed, I had a discussion with one of the petitioners about a family trust--I offered to remove myself as a future beneficiary after said petitioner gave an unstable family member false financial information, unstable family member threatened me.
I plan to contest both conditions of the petition and challenge their fitness--but I am unclear on what happens at and also ask the court that should the judge find an incapacity, ask for a public administrator as well--may I do both? Guardian ad litem appointed also as attorney, but has told me I don't need records from the counselor on the petition, went against my wishes for a records continuation, did not discuss conservatorship financial information I might need other than I have a bank account, and that there was no need to get my account records for the period in which I believe family will bring up. Petitioner contacted her attorney, who then contacted the guardian ad litem, who called me, and said petitioner's attorney said I was selling things out of the house--not true, offered to show ad litem list I had taken to petitioner to confirm which belongings were mine, also as security because petitioner had taken property from where I lived to a dump, on another occasion broken things. At this time ad litem had sent only one of five releases. At the hearing when she agreed with opposing counsel to set hearing date, she told me she did not ask for a continuation because a)the other attorney had not filed for it and b)she "could see how anxious I was with this process and wanted to get it over with as quickly as possible for me."
My questions about contesting petition are as follows:
Representation:
Is the guardian ad litem, also my court appointed attorney, allowed to refuse my wishes as the client?
May I myself file a motion for removal/replacement, and are the above grounds enough?
May I file for legal representation 'which shall be separate' from an appointed guardian ad litem, if I include evidence that refutes information on petition, as well as my right as an "alleged" incapacitated person, burden not yet proven by petitioners or court (incapacity not yet adjudicated, is that right?), to counsel separate from guardian ad litem? That one's a long shot, and I don't know if I explained it clearly?
Hearing:
May I contest and then also ask that if the court should find me in need of either condition, to have a public administrator assigned to me?
Is there a guide to help me to determine what evidence I need to both prove I have capacity--medical diagnosis? financial records? employment records?-- There is significant reason these people should stay away from me, but it has not been financially possible--I have lived in their house w/o paying rent this past year, and while I had small savings, it is nearly gone from portioning it out for food. Social services considers free rent housing and support, and requires family financial records, family won't submit them, I can get medical help but not financial if I am not proven unable to work-I am not, but some weeks not enough money for food, need work clothes, I worked in khakis and shorts before, etc. The applications I had out are now invalid--I did a background check on myself and it came up "action pending" I had filled them out before I knew my family had filed. The only evidence of abuse is not actual witnesses, it is reconstructive surgery from a blackout, one cigarette burn, and that person is not one of the petitioners. Records from social services, dr. and counselor I saw for treatment, yes. Petitioners have offered food at other times in the past, and then refused it, in front of three people, but they are friends of petitioners. I have been locked in a car by one for 8 hours at a time, three occasions, on the last one I called a friend, but that was years ago, and I don't know if my friend would testify. I've had the same person removed from property by law enforcement, but that doesn't seem to be enough either. I just don't know what I am doing, but I was used as the family caregiver on and off for years, threatened again when I didn't do it, I'm trying to help myself now so it doesn't happen again. I am frantic but I have not yet given up.
I have a thousand questions, I cannot go to Legal Aid because I have court-appointed representation, I cannot find resources online because it seems most of these cases are sealed, and most readings concerning this online are elder law. I am willing to get what evidence I can myself, do depositions, I do not expect an attorney to do this for me, but I don't know where to look for resources. I can't possibly include all history here, so my questions for this site would be on the matter of the guardian ad litem in this kind of case, and if anyone knows of anything else I can do to help myself. I apologize for any graphic detail here, I would not include it but i don't know how to challenge fitness and what is admissible. I understand that the situation is my responsibility, and I understand as well that not much may be able to be done. If you have taken the time to read this, I thank you so much, I appreciate your time.
Please let me apologize ahead of time for length and amount/type detail, but this situation is complicated.
Family members filed a petition listing bipolar, no bank account, do not maintain property, have no means of support outside family, listed therapist they hired 6 years ago.
I have PTSD, a bank account, property listed to maintain was my old car with a blown head gasket (not feasible to repair). I had employment until last October, family offered free rent so I could save for an apartment(requested rent be paid in cash, other financially dependent agreements on my part as well so not good), but I was looking for other employment because mine involves travel, it wasn't possible with cost of car repairs. After offering support for a job-hunt, it was withdrawn when I refused to give family medical information, then given in checks labeled "living expenses" with the instructions to cash the check and then return all but $50. I offered to leave their property, but they would have to take their pets back, and they I was told they would either be put down or be put outside and the dogs (the pets were cats) would rip them apart.
I have kept both diagnosis, medical treatment, and financial information private from family for past several years. The therapist they hired refused to give them what they wanted in counseling. Much dysfunction on both sides, do not know what my chances are, but I choose to fight rather than give up as has been my pattern most of my life. Two weeks before this was filed, I had a discussion with one of the petitioners about a family trust--I offered to remove myself as a future beneficiary after said petitioner gave an unstable family member false financial information, unstable family member threatened me.
I plan to contest both conditions of the petition and challenge their fitness--but I am unclear on what happens at and also ask the court that should the judge find an incapacity, ask for a public administrator as well--may I do both? Guardian ad litem appointed also as attorney, but has told me I don't need records from the counselor on the petition, went against my wishes for a records continuation, did not discuss conservatorship financial information I might need other than I have a bank account, and that there was no need to get my account records for the period in which I believe family will bring up. Petitioner contacted her attorney, who then contacted the guardian ad litem, who called me, and said petitioner's attorney said I was selling things out of the house--not true, offered to show ad litem list I had taken to petitioner to confirm which belongings were mine, also as security because petitioner had taken property from where I lived to a dump, on another occasion broken things. At this time ad litem had sent only one of five releases. At the hearing when she agreed with opposing counsel to set hearing date, she told me she did not ask for a continuation because a)the other attorney had not filed for it and b)she "could see how anxious I was with this process and wanted to get it over with as quickly as possible for me."
My questions about contesting petition are as follows:
Representation:
Is the guardian ad litem, also my court appointed attorney, allowed to refuse my wishes as the client?
May I myself file a motion for removal/replacement, and are the above grounds enough?
May I file for legal representation 'which shall be separate' from an appointed guardian ad litem, if I include evidence that refutes information on petition, as well as my right as an "alleged" incapacitated person, burden not yet proven by petitioners or court (incapacity not yet adjudicated, is that right?), to counsel separate from guardian ad litem? That one's a long shot, and I don't know if I explained it clearly?
Hearing:
May I contest and then also ask that if the court should find me in need of either condition, to have a public administrator assigned to me?
Is there a guide to help me to determine what evidence I need to both prove I have capacity--medical diagnosis? financial records? employment records?-- There is significant reason these people should stay away from me, but it has not been financially possible--I have lived in their house w/o paying rent this past year, and while I had small savings, it is nearly gone from portioning it out for food. Social services considers free rent housing and support, and requires family financial records, family won't submit them, I can get medical help but not financial if I am not proven unable to work-I am not, but some weeks not enough money for food, need work clothes, I worked in khakis and shorts before, etc. The applications I had out are now invalid--I did a background check on myself and it came up "action pending" I had filled them out before I knew my family had filed. The only evidence of abuse is not actual witnesses, it is reconstructive surgery from a blackout, one cigarette burn, and that person is not one of the petitioners. Records from social services, dr. and counselor I saw for treatment, yes. Petitioners have offered food at other times in the past, and then refused it, in front of three people, but they are friends of petitioners. I have been locked in a car by one for 8 hours at a time, three occasions, on the last one I called a friend, but that was years ago, and I don't know if my friend would testify. I've had the same person removed from property by law enforcement, but that doesn't seem to be enough either. I just don't know what I am doing, but I was used as the family caregiver on and off for years, threatened again when I didn't do it, I'm trying to help myself now so it doesn't happen again. I am frantic but I have not yet given up.
I have a thousand questions, I cannot go to Legal Aid because I have court-appointed representation, I cannot find resources online because it seems most of these cases are sealed, and most readings concerning this online are elder law. I am willing to get what evidence I can myself, do depositions, I do not expect an attorney to do this for me, but I don't know where to look for resources. I can't possibly include all history here, so my questions for this site would be on the matter of the guardian ad litem in this kind of case, and if anyone knows of anything else I can do to help myself. I apologize for any graphic detail here, I would not include it but i don't know how to challenge fitness and what is admissible. I understand that the situation is my responsibility, and I understand as well that not much may be able to be done. If you have taken the time to read this, I thank you so much, I appreciate your time.
Petitions and Appointment: Contesting a Guardianship and Conservatorship for Alleged Incapacitated Adult
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