QUESTION
Can the guardian knock on doors and demand items that my friend gave to me be returned to her?
Asked on Apr 19th, 2013 on Criminal Law - South Carolina
More details to this question:
A friend gave me some items a while back. Since then, she has been determined to be incompetent. Her now guardian has a court order that says she can take possession of my friend’s personal items. Can the guardian knock on doors and demand items that my friend gave to me be returned to her? I don't think so, but I thought I would ask. The guardian I believe is taking her court order to mean a search warrant to look through my personal items to make claim of something she thinks belonged to my friend at one time. Please advise.
7 ANSWERS
Ronald A. Steinberg
I already said NO. The guardian has to prove that the person was incompetent when the gifts were given, not incompetent now.She has no authority to enter your property without your permission. She does have the right to start a lawsuit or motion to require you to come to court, but without a court order, she cannot take back any property. She is not a police officer and so she cannot come onto your property without permission.
Answered on Apr 26th, 2013 at 12:36 PM
Personal Injury Attorney serving Charlotte, NC
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Answered previously. Do what court orders you to do
Answered on Apr 23rd, 2013 at 11:46 AM
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Andrew T. Velonis, P.C.
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If she has a court order, insist on seeing it before you allow her in to your home. Once you get a copy, take it to a lawyer to find out if it says what the guardian claims. You may be able to challenge this, but it may not be worth the expense in doing so
Answered on Apr 23rd, 2013 at 11:46 AM
This is a civil matter; there is no "civil search warrant". She can ask you but if your friend was competent before she gave you the item then she should not be able to do anything about it.
Answered on Apr 23rd, 2013 at 2:13 AM
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Of course she can knock on your door and ask. You don't have to let her in. However, if you know that your friend was incompetent when she gave you the items, you were taking advantage of her. The guardian can go to court and get a subpoena to have you come in and answer questions. She may also commence a lawsuit to have you return the goods.
Answered on Apr 23rd, 2013 at 1:41 AM
Thomas Edward Gates
She does not have the right to search your home. However, she does have the right to seek the return of items that you may have received when your friend was incompentent. You may want to see an attorney to protect your interests.
Answered on Apr 23rd, 2013 at 1:09 AM
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I would have to read the order. If the order merely appoints her guardian, it does not give her a right to take the items from you. If the order says she can take possession of the items, then she can take them. If your friend was incompetent at the times she made the gifts, you may have to give them back.
Answered on Apr 22nd, 2013 at 10:49 PM