Who would be the right type of person to talk to the court to about wanting to change the laws for adult guardianship?

It’s county based in my state

This is coming from someone with developmental disabilities that is their own guardian, I vote, have a driver’s license, and I have a job. I like to get political and stand up for people with disabilities. The disability I have is asperger syndrome. I see a lot of people with disabilities that I think should be their own guardian and I’d like to help themThis is what I think needs to change1. If someone with disabilities wants to be their own guardian I think they should at least be given a chance2. Their right to vote should not be touched at all period. Even if they don’t know what voting is I still think they should have the right to vote.3. For Marriage I think one or two things needs to happen for them to get married, 1. The guardianship gets terminated or 2. The guardianship should have to be transferred to the spouse to be. 

4 Answers

  • 9 months ago

    You don't seem to understand guardianship. You had your chance to be your own guardian. When you were "assigned" a guardian, it was decided and proven that you "needed" a guardian, that you could not handle things on your own. After that evidence was provided to the court, it was then decided that a guardian would be appointed. 1 and 2 will and should never happen. What does and should happen is the spouse should apply to be the guardian. Guardianships, like any court order DO NOT just terminate, nor should they automatically just be transferred to anyone. The system works well as is. You will not be successful trying to change it, for legal and other reasons. Voting - you would have to read the law on it and see WHY that right was taken away from the disabled. In fact, it was NOT taken away from the disabled. I know a disabled person and he has been voting for years.

    Source(s): Certified Paralegal, with 25+ years' experience.
  • Anonymous
    9 months ago

    Of course it's County based in Arizona.  It's County based everywhere.  One of my best friends is married to (and has 3 children with) a CPA who has asperger syndrome.  His only difficulty is that he's very shy around people, tends to almost panicked if addressed directly.  He "warms up" to people on his own timetable. He had NO special help in college, no special help in college.  He works for a practice, makes VERY good money, has little client contact and does not need a guardian. 

    And then there's your question, your posted history.

    I trust you want an honest answer. I’ve read your questions.   You very obviously don’t understand the how/why of guardianship. For starters, you are NOT “your own legal guardian.” You are a person who doesn’t have a legal guardian. For that matter, I don’t have a legal guardian. Most adults don’t have a legal guardian.

    You insist on attempting this? RETAIN an attorney who specializes in disability law. In my area they are charging between $250 and $300 an hour.

    Want to change things? Go to the Guardianship Hearings with the people who don’t need guardians. Convince the Court - through EVIDENCE - that those people don’t need a guardian. Agree that you will take any/all financial responsibility for anything untoward that those specific people do or say. Agree to do this outside the guardianship.

    People ARE given a chance. It’s called a “Guardianship Hearing.” If the autistic person has a history of irresponsible actions, that’s the testimony. In general autistic people have until they turn 18 and become a legal adult to PROVE that they don’t need a guardian. It’s too late to change history when they get to the hearing.   A guardian isn't to punish the person.  A guardian's JOB is to keep the person safe from fraud, misrepresentation, discrimination.

    Even people who don’t know what voting is should have the right to vote? That explains the state of Politics in the U.S. This comment isn’t worth the time it would take to respond.   For that matter, are you in favor of children voting?  That's a thought.  Still a Clinton fan?

    Marriage is not legal grounds to end a guardianship. AGAIN, the person can very easily schedule a hearing to determine whether or not there is a continuing need for the guardianship. The person takes PROOF why he/she doesn’t need a guardian. The Court may or may not agree. The guardianship CAN be “transferred” to the spouse to be. That’s not an issue IF the spouse is a responsible person. In your world, what happens when one autistic person marries another autistic person? They become each other’s guardians?

    I would suggest that the “lot of people with disabilities that you think should be their own guardian” find another spokesperson. Why? Here’s just some of your thinking: “what should I do if the car doesn't come back for an accident? I was just in an accident that was my fault and I waited for the person to return to the scene so I just left. and they didn't there was no damage to my vehicle. I waited for about 5 minutes for the person to come back. what should I do. should I contact the police? and show them the video on my dash cam”

    Or how about - “Do you have to show proof of injury in an insurance claim? I'm in Arizona and when I was going to an event and stopped at a red light my foot slipped off the brake then I rear ended them at like 1 mph and they started faking their injuries no damage to either car not even a scratch or a mark, they called paramedics for their fake injuries. And a couple days later they made a claim with my insurance claiming their fake injuries, how can rear ending someone at 1 mph injure someone? I was not even sited because there was no damage. I know this is a common insurance scam”

    A person who DOESN’T need a guardian knows the law when there’s an accident

  • 9 months ago

    Assuming this is a state law you would have to get at least one of your state representatives to introduce a bill to change the law. That would probably take years. If a court can make a reasonable case that a law is illegal in some way they can attempt to nullify or modify the law. A court, however, does not otherwise have the authority to change a law.

  • 9 months ago

    Talk to someone in your state legislature.

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