QUESTION
What kind of lawyer should I be looking for for my situation.
Asked on May 29th, 2019 on Guardianship and Conservatorship - Missouri
More details to this question:
Ex-husband fraudulently obtained guardianship of our son in 2005. I thought both of us were his guardian. Just now received first have copy of it. I am not named. Two yrs ago ex tried to change terms of guardianship without allowing me to read it in front of the notary. Notary declined to notarize. Need resolution because son is high functioning, doesn't want his father to be his guardian, and father just wants revenge against me for ending marriage and wants control of our son's estate. I need to finalize my will, etc. now and don't know how to handle this. Ex husband has history of drug and alcohol abuse, use of manipulation and control by intimidation, is a hoarder, home is in disrepair and is barely liveable.
1 ANSWER
2 Awards
Some special needs and elder law attorneys (and some probate attorneys) handle guardianships. Your state may or may not require additional training. If it does, you will need an attorney who has received that training and qualified. Call the Missouri State Bar to ask. You can then check with the Special Needs Alliance or use the Find a Lawyer function on the website of the National Academy of Elder and Special Needs Law Attorneys (www.naela.org). If your son is high functioning and your state has Supported Decision Making Agreements, that may substitute for a guardianship. Also check to see whether your ex has timely filed an inventory, annual accountings and reports on your son's well being for court auditing. Based on your description, that seems unlikely and would be grounds for removal.
Answered on May 30th, 2019 at 5:40 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.