QUESTION

can you file for guardianship without using a lawyer?

Asked on Apr 20th, 2012 on Guardianship and Conservatorship - Wisconsin
More details to this question:
this is for my 25 year old daughter who has left house and refuses to come home and we can''t locate her and is staying with a "friend"that is only taking advantage of her, had her open a bank account , promises her that she has a friend that can help her get SSI etc....this is a woman 10 years older than my daughter and is in trouble with the law, stealing, and my daughter sees me as the bad one for interfering with her life. I want to get guardianship (which I didn''t know I should have done before she turned 18) I have her IEP reports from high school but that is all I have proving that she is special needs. Does this sound like something I can do so I can place a court order to have her returned to her home?
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1 ANSWER

Dear Anonymous, Under the given set of circumstances, you would definitely need an attorney.  Your daughter is an adult now and you'll need a new report, a doctor's report, which states she is unable to handle her personal and/or financial affairs.  Financial affairs come into play if indeed your daughter receives any sort of state assistance because by such, she has an "estate" which needs managing.  Guardianships are not only granted for folks that are mentally & developmentally disabled, but also for those who because of some behavior (i.e., alcohol, drugs, gambling) are rendered unable to properly manage their own affairs.  Your daughter, being 25 will have some say in who is appointed as her guardian and if this older woman is as cunning as she sound, she may influence whom your daughter selects or at least indicate your daughter should vehemently oppose any sort of guardianship if she legally can.  Unfortunately, guardianship isn't something you can take your daughter by surprise with.  She has to be given notice.  I strongly suggest you consult an attorney.  It sounds as though you really love your daughter and that you are living the nightmare of many a parent.  Fight for her smartly by investing money in a good attorney or beg one to do the guardianship for you pro bono.  Best wishes to you and please and know that you will not always be sen as the enemy by your daughter.
Answered on Apr 21st, 2012 at 1:58 PM

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