Confused about the petition to remove adult guardianship from my aunt at the probate court?! (Washington: rent) - Augusta area - Georgia (GA) - City-Data Forum

ras124685 · 02-08-2013, 03:50 PM

Hi, I'm 27 yrs old black male in a personal care home and I want to remove adult guardianship away from my aunt at the probate court by paying for a petition. But I'm confused because I'm not if it's really a price of $446 for adult guardianship to be removed or not. I've happened to look on the internet at www.augustaga.gov at the Probate Court Department under Adult Guardianship/Conservanship (sorry about my spelling) and I don't know how much it is. I can't afford it because my homecare provider gives me $110 allowance out of my rent of $730.00 a month and my whole SSI check is $881.00 a month. So if it's $446.00 to terminate adult guardianship at the Probate Court, then it's going to take my months to do it and it'll be a waste of time. My aunt has dialysis 3 days a week and she's been holding me back for 10 yrs with the legal adult guardianship paper since I've came to Augusta, GA in June 2003 and I don't like it because her sons are very aggressive to me which explains why I'm in a personal care home since February 2011. I'm not from Augusta, GA and I miss my sister in Newark, NJ and I want to go back. That's why, I want to terminate it and make a petition at the Probate Court. My aunt is very controlling and money- hungry and she's be 70 in March and she refuses to let me become independent and go back to my sister in Newark, NJ and live because that's my home. I don't care too much for Augusta, GA because of what I've been going through since I was 18 and I'll be 28 in April this year. Everybody says there's no way I can be independent on my own and get rid of guardianship, but I don't know what to do. Please help me, guys. Thank you.

klmquiroz · 02-12-2013, 09:23 AM

have you spoke to your sister in Newark, NJ to petition for guardianship due to the living arrangements your in and your aunts failing health and age?

Have you ever requested for court sponsored guardianship mediation services with your aunt to get her off as your guardian?

ras124685 · 02-15-2013, 04:39 PM

No, I'd never heard of it. But back in 2011, me and my home care provider tried going to the probate court and have my home care provider become my payee over my SSI and that had failed because my aunt is still my guardian and payee. And they said that she has "full control" over where I can go and stay or do. And I'm so screwed! Unless, she dies and I can petition to become my own guardian. Since there won't be anymore guardianship over me which is a good thing, I hope. BTW, What place should go to for guardianship meditation services in Augusta, GA and how much is this going to cost me to get her off my back? Please remember that I'm on SSI and I get $881.00 a month and staying at a personal care home for $730.00 a month and my allowance is $110.00 a month. I can only do and save but so much?! Not to mention, My home care provider and I went to Washington Road in Augusta, GA to Stephen Hagler to see if he can reverse guardianship or terminate it from my aunt and I thought he was a public defender but he was a lawyer and I couldn't afford him and he couldn't work on my case. So I'm screwed, once again!

klmquiroz · 02-17-2013, 10:07 AM

I know you need A Physician, Psychologist, or Licensed Clinical Social worker to visit and evaluate the proposed ward( YOU) based on how and why she got guardianship over you in the first place.
Mediation is a form of Alternative Dispute Resolution (ADR), which is an alternative to the traditional litigation process. Mediation is an informal, non-court process wherein a neutral, third person assists the opposing parties to reach a voluntary, negotiated resolution.Mediation gives the parties the opportunity to discuss the issues that differ between them, clear up any misunderstandings, determine the underlying interests or concerns, find areas of agreement, and to incorporate those areas of agreements into resolutions.

A mediator does not resolve the charge or impose a decision on the parties. Instead, the mediator helps the parties to agree on a mutually acceptable resolution.

I would ask the or find someone who is licensed mediator. The primary areas of mediator you want to find would include: guardianship issues; residential issues for elderly; family disputes regarding appropriate health care or financial decisions, and estate litigation

contact: Richmond County Probate Court
John H. Ruffin Judicial Center
735 James Brown Blvd., Suite 1000
Augusta, Ga. 30901
(706)- 821-2434

And ask for the mediation services. They might inquire for what..tell them you want to obtain mediation to get your family member off voluntarly, of guardianship.

Yes to file your petition it is $500.00 and no it doesnt guartee you will get it. you have to prove by requesting you are able to take care of yourself and you need medical verification to back up your claims.

adrianpritchett · 02-20-2014, 01:08 PM

Have you made any progress on your case?

I am an attorney in Athens who deals with some adult guardianship cases. I would expect to find that there is a procedure to ask for the filing fees to be waived (usually called a pauper's affidavit). There is also more than one procedure available which may restore your rights or at least get you moved back to New Jersey.

Jerryko · 03-16-2015, 12:29 PM

[color="black"][b][color="black"]Usually the courts ]will not accept any removal of an adult guardianship. The only way to remove the adult [color="black"]guardianship temporarily is to move out of the state. The elderly aunt will have to petition the court in the state you are in to proceed with her rights of guardianship. Of you have no money, it means that you will have to move to a public shelter in that state. To be real, it means that you will have to buy a bus ticket out of the state. Some people who were born in other countries have to leave the United States.

Findoit just how wide spread thee guardianships are go to www.cheapdealsmall.com/blogspot Januaries blog. You will see at the bottom how one retired female who worked for new York cities board of education that was just across the street from Kings County Supreme Court lost everything including her pensi . There is no court assistance on the state for anyone profiled for a Guardianship.

Jerryko · 03-16-2015, 12:32 PM

You have to move out of the state. I think it may be against the law to prevent you from leaving the state. You have that right. You have no legal presence in the state where there is a life time guardianship against your needs.

GRU_Minion · 03-16-2015, 08:48 PM

Quote:

Originally Posted by Jerryko

Usually the courts will not accept any removal of an adult guardianship. The only way to remove the adult guardianship temporarily is to move out of the state. The elderly aunt will have to petition the court in the state you are in to proceed with her rights of guardianship. Of you have no money, it means that you will have to move to a public shelter in that state. To be real, it means that you will have to buy a bus ticket out of the state. Some people who were born in other countries have to leave the United States.

Findoit just how wide spread thee guardianships are go to www.cheapdealsmall.com/blogspot Januaries blog. You will see at the bottom how one retired female who worked for new York cities board of education that was just across the street from Kings County Supreme Court lost everything including her pensi . There is no court assistance on the state for anyone profiled for a Guardianship.

Quote:

Originally Posted by Jerryko

You have to move out of the state. I think it may be against the law to prevent you from leaving the state. You have that right. You have no legal presence in the state where there is a life time guardianship against your needs.

The original post is from over a year ago...