QUESTION

Do I have the right to and how do I get my money out of guardianship and move out of my parents house if I want to?

Asked on Jul 31st, 2012 on Guardianship and Conservatorship - New Jersey
More details to this question:
I am a 26 year old woman. I was born with no limbs. My parents won a case to so I would have money to take care of me the rest of my life. It was put into guardianship because I was a child. I am now an adult and want free access to my money without needing my parents permission like I''m a child.
Report Abuse

1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
Yes you can !!  When a guardianship was put into place, you were a minor, and now you have reached the age of majority.  you will have to prove to the court that you are not "incapacitated"  as that term is used in the law (and it seems from the question you have posted that would be very easy to prove).   Although you want "free access" to your money, you should be careful and make sure that you hold the money in a way that would allow you to get governmental benefits that you would be entitled to.  You can structure the funds to allow access to a portion, and protect a portion in case you get to the point of needing Medicaid.  What county do you live in ?  Do you have copies of the original guardianship papers?  when your parents won the case, did they put the money into a trust?  Feel free to e-mail me directly or contact my office.  Good luck !
Answered on Aug 01st, 2012 at 10:26 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters