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  1. #1
    Join Date
    Aug 2018
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    5

    Default Can an Adult be Made Her Own Guardian

    My question involves a person located in the state of: IL

    Can a 29 year old woman who has not been diagnosed as mentally ill but has a slight vision problem be considered her own guardian? The woman is engaged and pregnant, against the wishes of her mother. The woman's mother claims to be her guardian even though her and her mother have never went to court since she has turned 18. The woman is nearsighted but can get around her neighborhood, the city and surrounding suburbs with her fiancÚ.

    The woman's mother claims that the woman is a threat to her own as well as other's safety because the woman invited the man who later became her fiancÚ over to her house without the mother's permission. The woman's mother also claims that she, the mother, is the "legal guardian" (her mother's words not her own) even though the mother and daughter never went to court when the woman turned 18 to have the mother appointed as guardian by a judge.

    Last year the woman's mother forced her to get an abortion from a previous relationship despite the woman crying and telling her mother that abortion is murder and it was wrong then and is wrong now. The woman's mother told her last year that the reason behind the abortion was because their family has a curse of the women having babies before marriage and she didn't want her daughter to go through the same fate. The woman's mother also told her that if she went against her and had the baby the government would take tthe baby away. The woman wants to be a wife and a mom. The fiancÚ wants to be a dad and husband as well.

    What can the woman do to fight this and tell the court that she can make her own decisions and she doesn't need her mother to be her "legal guardian" anymore? The woman wants to be in control of her own lilife. If a guardian must be appointed then the woman would be must comfortable with it being her fiancÚ.

  2. #2
    Join Date
    Oct 2006
    Posts
    15,683

    Default Re: Guardianship

    I suspect that her mother is not her guardian at all. Vision problems do not cause someone to need a guardian, although if the person is only slightly nearsighted why hasn't she gotten glasses or contact lenses?

    I suspect that the 29 year old simply needs to move out of her mother's house.

  3. #3
    Join Date
    Aug 2018
    Posts
    5

    Default Re: Guardianship

    The woman does have glasses which allows her to see clearer than without them, her vision is blurry without the glasses. Her vision is considered'low vision/legally blind so she receives money every month from the social security administration. When the woman says she wants to move out the woman's mother also tells her constantly that the only way she will ever be able to move out is if, she (the mother) tells the court the woman is mentally competent enough to make decisions on her own since decisions the woman has made in the past have been "dangerous to herself and other's safety". The woman's mother has told her that her judgment is that of a child (since the woman knows right from wrong but continues to make bad decisions about meeting people online and inviting them to her house) and because of that she will tell the courts that the woman's fiancÚ slept with a minor and have him thrown in jail.

    The woman has only made this decision about meeting people online twice since she has turned 18 but has invited each person over multiple times. Does that make the woman incompetent?

  4. #4
    Join Date
    Oct 2006
    Posts
    15,683

    Default Re: Guardianship

    Who are you in this situation? However no, inviting people over, even if unwise, does not make a person incompetent. Nothing you have described makes a person incompetent.

    What I am starting to think however, is that mom has somehow made herself the rep payee for the 29 year old's SSI, and does not want that money leaving her house.

  5. #5
    Join Date
    Aug 2018
    Posts
    5

    Default Re: Guardianship

    Quote Quoting llworking
    View Post
    Who are you in this situation? However no, inviting people over, even if unwise, does not make a person incompetent. Nothing you have described makes a person incompetent.

    What I am starting to think however, is that mom has somehow made herself the rep payee for the 29 year old's SSI, and does not want that money leaving her house.
    I am the 29 year old and yes my mother is my payee and it doesn't seem like she wants the money to leave her house. How do I make myself my own payee? Even when I was working a job she made it where my check was direct deposited into her bank account.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Guardianship

    If this question is about ending a court-ordered guardianship, you petition the court that granted the guardianship to terminate the guardianship. Within that context you would need to prove to the court that you are no longer legally incapacitated and thus should not have a guardian.

    If this question is about who receives and handles your SSI payment as a disabled adult, you can petition the SSA to make you your own payee. Be aware that if the SSA determined that your condition has improved to the point that you no longer need a payee they may also review your eligibility for benefits.

  7. #7
    Join Date
    Aug 2018
    Posts
    5

    Default Re: Guardianship

    I would like to be my own payee.

  8. #8
    Join Date
    Oct 2006
    Posts
    15,683

    Default Re: Guardianship

    Quote Quoting PinkiePie89
    View Post
    I would like to be my own payee.
    Then go down to the local SSA office and make the application to be your own payee. Open your own bank account to receive the money.

  9. #9
    Join Date
    Aug 2018
    Posts
    5

    Default Re: Guardianship

    Thank you so much for all of your advice. It was greatly needed and very much appreciated. I will be going to SSA and telling them I want to become my own payee.

  10. #10
    Join Date
    Jun 2014
    Posts
    3,082

    Default Re: Guardianship

    If you receive SSI. Getting married will more than likely stop it. SSI is based on disability, income and resources. When you get married. Your spouses income and resources are counted. If you lose your SSI. You will also lose your Medicaid. You, your husband and baby may or may not be eligible for Medicaid. If not, you can go to go to a sliding scale clinic. And have your baby at a public hospital. They will charge based on your husbands income. After your baby is born. Your family can buy insurance at www.healthcare.gov. It is too late to buy insurance to cover your pregnancy.

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