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Under conservatorship

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CatsAreAwesome

Junior Member
I live in Tennessee.

My mother put me under conservatorship on October 31st 2014. I am a 19 year old female.

I'm not sure how to explain this.

She put me under conservatorship wrongly. I have Asperger's Syndrome, which is what she used as an excuse to put me under it. She will yell at me if I even attempt to talk to her about removing it. She will literally throw a fit about it. She did in front of my therapist and my therapist is recommending that I get it removed as soon as possible. I apologize if my wording seems odd.

I haven't talked to a lawyer yet because I currently don't have a job or the money to pay for one. I have no idea what to do. I've got to get this off as soon as possible.
 


justalayman

Senior Member
The court assigned the conservator. Your mother presented proof to the court that a conservator was justified.
 

LdiJ

Senior Member
The court assigned the conservator. Your mother presented proof to the court that a conservator was justified.
The therapist obviously does not think she needs one. I suspect that if a parent went to court asking for conservatorship of a 19 year old, based on a diagnosis of asperger's and was unopposed, I could see a judge ordering it without much investigation.

However, the OP certainly does not have a valid shot at getting it removed without the help of an attorney.
 

Zigner

Senior Member, Non-Attorney
The therapist obviously does not think she needs one.
A therapist has expressed that opinion to the girl in question. You don't know what evidence was presented by the applicant to the court.
 

justalayman

Senior Member
The therapist obviously does not think she needs one. I suspect that if a parent went to court asking for conservatorship of a 19 year old, based on a diagnosis of asperger's and was unopposed, I could see a judge ordering it without much investigation.

However, the OP certainly does not have a valid shot at getting it removed without the help of an attorney.
Well, apparently the court and whatever medical proof mom was required to provide believes it is appropriate. It requires a court to appoint a conservator and that requires medical evidence of the need.
 

justalayman

Senior Member
This is an excerpt from the application to appoint a conservator



8. Attached to this Petition is a sworn medical examination report or a statement that the Respondent has been examined. The sworn medical examination report has not been received but will be filed before the hearing.


It also require the respondant (the op in this case) to file a response.
 

FarmerJ

Senior Member
Contact your states ombudsmans office for vulnerable adults and ask for help to get legal assistance to get a change of so called guardianship/ conservator ship to someone who is not related to you. or to be co guardian with your self and one other NON related person. Reason to go that route is so that many parents really have no business being guardian/ conservator for a vulnerable adult child since emotional issues get in the way too easily and one who is not related to you would not have emotional issues related to history between parent and adult child.
 
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OHRoadwarrior

Senior Member
Note that such a change to a non relative or other relative might result in a good portion of any disability benefits being taken as a management fee.
 

CatsAreAwesome

Junior Member
My mother isn't exactly the best person. My father had a stroke in 2004 and she made him sign her power of atterney.. and went on a spending spree, buying a 2004 Cadillac escalade. While the power of attorney was justified, her actions are not. So you can imagine the type of woman she is. I'm wanting to get the power of attorney for him transferred to his brother, she still takes a large portion of his disability income.. I'll make a later post for that. I apologize, sometimes I tend to go off subject.

I'm just wanting to get as far away as possible from her. I live with my father to help him. Our whole situation is kind of twisted and wrong.

I think the Asperger's was kind of a loop hole, because I wasn't even allowed in court. People tend to think autism = very mental disabled, hard time caring for self, cannot make own decisions. So I suppose if the judge did not know about Asperger's being a form of high functioning autsim, then that's probably the reason I didn't even get a chance to talk to anyone about it.
 

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