can i leave if my guardian tells me too

[tabbie10011]

Jurisdiction

Oklahoma

Im 26yr old supposably im disabled due to a car accident. My mom is my guardian. But i get visitation with my husband. She told me today i can live with him. She told me too come get my stuff. That shell have it ready. Can i really leave? I want to so bad.

 

[adjusterjack]

If your Mom went to court to get legal guardianship over you, you or she will have to go back to court to cancel the guardianship otherwise she can still exert control over you.

If it's an informal arrangement (no court papers) then you are free to get your stuff and go be with your husband.

You might give us some more details about all this so you can determine if there are any legal risks coming your way.

 

[ElleMD]

I have a feeling there is a LOT more to the story here. Like why your mother is your guardian if you have a spouse, why you don't live with your spouse, disabled in what way, and why you wouldn't believe your mother if she said you could go stay with your spouse? The answer to any of these could change the answers greatly.

 

[army judge]

Im 26yr old supposably im disabled due to a car accident. My mom is my guardian. But i get visitation with my husband. She told me today i can live with him. She told me too come get my stuff. That shell have it ready. Can i really leave? I want to so bad.

If you believe you have recovered sufficiently to no longer require a court appointed guardian, this is how you petition the court to emancipate or liberate you.

2006 Oklahoma Code - Title 30. — Guardian and Ward

In Oklahoma, you may seek a guardianship over an adult or a child.
There are three basic types of guardianship:

1-general guardianship- a guardianship over the ward and/or all of the ward's property in Oklahoma.
2-limited guardianship- the guardian has only limited powers over the ward and/or the ward's property; and,
3-special guardianship- a guardianship in which a guardian is appointed for an emergency purpose and usually lasts for no more than 10 days.

When Is Guardianship Needed?
Whether the guardianship is for an adult or a child, the reason for needing one is basically the same to provide for the legal care of an individual who cannot care for him or herself.

ADULT - Guardianship over an adult is granted when the ward is fully or partially incapacitated. An incapacitated person is one who is over the age of eighteen (18) and who is unable to make decisions regarding health or finances for him or herself.

Which type of guardianship does your mother hold over you?

When Does A Guardianship End?
A guardian may be removed if the court finds that he/she is not performing the duties required by the court. The court may remove a guardian or terminate a guardianship if the court finds that the guardianship is no longer necessary. In either case, in order for the guardianship to end, the court must order it to be terminated.

If you wish to live with your husband, he can initiate the action to undo mother's control, or have himself appointed guardian, if the court believes its still necessary.

I suggest you speak with your physician, psychiatrist, or medical professionals to better understand why this came to be, and if you're ready to be your own person.

Have you seen the court order naming your mom as your guardian?

Ask to see it.

If it isn't produced, or your husband can't find a record of it, perhaps there is no such order??????