How can I regain my Power of Attorney and Legal Guardianship?

[WilliamRP1988]

I had an aneurysm back on January 04 of 2008. For the past 9 years, my sister has been my POA and my legal guardian. I want to regain those rights, and subsequently regain control over my finances and so on. Let me just say, that my sister has done a great job up to this point, but, I want to move on from this and be my own person again. I am going to be 29 in 4 days.

I know my former nurse practitioner before she left the state and dropped me--stated that the court would most likely look at things that prove I am able to care for myself. I've been working on my GED and once I get it, I hope to get grants to help me get into college, learn how to drive again. I am fully ambulatory, I can walk d my dishes, wash my clothes, dress, and shower by myself--I even live alone. Though, I have yet to ask my current primary care physician.

My questions are, how can I regain my Power of Attorney, what would it take, and what are the general costs?

I live in Indiana, Charlestown.

 

[LdiJ]

I had an aneurysm back on January 04 of 2008. For the past 9 years, my sister has been my POA and my legal guardian. I want to regain those rights, and subsequently regain control over my finances and so on. Let me just say, that my sister has done a great job up to this point, but, I want to move on from this and be my own person again. I am going to be 29 in 4 days.

I know my former nurse practitioner before she left the state and dropped me--stated that the court would most likely look at things that prove I am able to care for myself. I've been working on my GED and once I get it, I hope to get grants to help me get into college, learn how to drive again. I am fully ambulatory, I can walk d my dishes, wash my clothes, dress, and shower by myself--I even live alone. Though, I have yet to ask my current primary care physician.

My questions are, how can I regain my Power of Attorney, what would it take, and what are the general costs?

I live in Indiana, Charlestown.

The Power of Attorney is not your issue. Your issue is the guardianship. Although, lets clarify since you talk about both of them.

Power of Attorney is something that someone voluntarily gives to another person so that person can act on their behalf when they are incapacitated. Since its voluntarily given, it can be easily revoked.

Guardianship is granted by the courts to allow another person to be in charge of someone, both in their personal and financial lives. Since a court granted it a court must revoke it.

 

[WilliamRP1988]

The Power of Attorney is not your issue. Your issue is the guardianship. Although, let us clarify since you talk about both of them.

Power of Attorney is something that someone voluntarily gives to another person so that person can act on their behalf when they are incapacitated. Since it's voluntarily given, it can be easily revoked.

Guardianship is granted by the courts to allow another person to be in charge of someone, both in their personal and financial lives. Since a court granted it a court must revoke it.

I meant my PoA & my guardianship. I didn't hand it over voluntarily. I couldn't, I was in no condition to. I had just essentially had a sort of major stroke. That said, I also asked what it would take, and what it might cost.

 

[LdiJ]

I meant my PoA & my guardianship. I didn't hand it over voluntarily. I couldn't, I was in no condition to. I had just essentially had a sort of major stroke. That said, I also asked what it would take, and what it might cost.

If you did not hand it over voluntarily, then your sister does not have your POA. A POA can only be voluntarily given.

Did your sister go to court to get guardianship over you? Or, is she simply your rep payee for Social Security benefits?

We cannot advise you what it would take to end things unless we know clearly what the situation is, and since you are not explaining it correctly we do not have enough information to help you.

 

[WilliamRP1988]

If you did not hand it over voluntarily, then your sister does not have your POA. A POA can only be voluntarily given.

Did your sister go to court to get guardianship over you? Or, is she simply your rep payee for Social Security benefits?

We cannot advise you what it would take to end things unless we know clearly what the situation is, and since you are not explaining it correctly we do not have enough information to help you.

Well, that's what she's been saying, and since she did have a court order for my legal guardianship; I have three copies of "Letters of Guardianship".

It states:

I, XX Clerk of the Circuit Court of said county (XXXX), certify that YYY of said County has been appointed the person and estate of AAAAA, adult, and have qualified as such.

In Testimony whereof, I have hereunto set my hand and seal of said Court on the date of 11, TTTT.

It is signed and typed their name. At the top it says:

Cause No. RRRRRRRR

The State of Indiana
County of XXXX

 

[Zigner]

Well, that's what she's been saying, and since she did have a court order for my legal guardianship; I have three copies of "Letters of Guardianship".

It states:

I, XX Clerk of the Circuit Court of said county (XXXX), certify that YYY of said County has been appointed the person and estate of AAAAA, adult, and have qualified as such.

In Testimony whereof, I have hereunto set my hand and seal of said Court on the date of 11, TTTT.

It is signed and typed their name. At the top it says:

Cause No. RRRRRRRR

The State of Indiana
County of XXXX

She doesn't have a PoA because she doesn't need a PoA. The guardianship trumps the PoA. If she's saying she has a PoA, then she's just misspeaking.

 

[WilliamRP1988]

She doesn't have a PoA because she doesn't need a PoA. The guardianship trumps the PoA. If she's saying she has a PoA, then she's just misspeaking.

I get that part. What I want to know is; what will the court be looking at to determine if they will give me back my own guardianship? What are some of the things they review to determine if I am eligible? How much would it generally cost?

 

[Zigner]

I get that part. What I want to know is; what will the court be looking at to determine if they will give me back my own guardianship? What are some of the things they review to determine if I am eligible? How much would it generally cost?

They don't "give you back" your guardianship. They simply remove her guardianship over you. Splitting hairs? Maybe...but it is a distinction.

You may wish to speak to an attorney about this matter.