My son who is 42 years who has been disgnosed as schiaffective has been under supervision and under a Office of Public

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Customer: My son who is 42 years who has been disgnosed as schiaffective has been under supervision and under a Office of Public Guardian. They have kept him in a hospital for the last 5 years after he was released for just a few days they took him away since he had the flu and unable to take his medications. He is being released now very soon but they made him sign a probation agreement for 1,5 years. He is now normal 95% and we want to know what we can do to move him to Texas or we have to wait for another 1.5 years at 80 years old seems too long for us since he wants to work in my company.
JA: Has your son talked to a TX lawyer about this?
Customer: No
JA: What steps has he taken so far?
Customer: Incidentally he is in Concord New Hampshire.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Thanks I really hope so. I did request for my son to be released to me as a guardian back on January 2019 in Probation Court and Supreme Court but the judge moved the case in favor of the OPGNH.
Answered by Legal Eagle in 5 mins 2 months ago
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Legal Eagle, Expert

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service. Just a few quick things before we get started:

  • I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly;
  • I will respond as quickly as I can, but there may be an occasional delay. With that said...

Does his guardian not want him to leave?

Customer
My son Adam is practically fine being very intelligent his reactions are perfectly normal. All the history shows that the guardian wants to keep him indefinitely. He will be living in his own apartment very soon since they already are looking for an apartment for him. Would this represent a good opportunity to request a move to Dallas?
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Legal Eagle, Expert

Ok, thanks! Have you ever thought about getting guardianship yourself?

Customer
I have.
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Legal Eagle, Expert

Understood! Do you think he no longer needs guardianship at all?

Customer
I am convinced with our conversations but I am planning to visit him next week for 4 days we will spend some time together outside the transitional housing and will tell even more,
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Legal Eagle, Expert

Understood! So you're just wondering what it is you can do here, correct?

Customer
I would like to know when I start proceedings if necessary and affordable. I assume in New Hampshire with grounds of abuse, neglect and discrimination since we are both Hispanic and I have proof of that in mail written by the guardian. However, we just want the fastest and most efficient way to move him back in Texas. What do you think?
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Legal Eagle, Expert

Got it! Was there anything else you wanted to add? If not, I can begin working on your answer.

Customer
No, not really.
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Legal Eagle, Expert

Got it! I just need a little time to do some research and draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long!

Customer
Ok
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Legal Eagle, Expert

I'm so sorry to hear about your situation!

So the short answer is you would need to file to get guardianship over your son so you can move him. You'll basically have to petition the court to terminate the OPG's rights over rhim.

s. It is critical to understand that the courts are bound to look at what is in the best interests of the ward above all else. This means they will look into who and how the person’s health, finances, welfare, and safety are best going to be served. Sometimes, this can be inconvenient for the petitioner, but because the ward cannot protect themselves, the court takes it upon itself to protect them. The bright side is that if you understand this in advance, then you will have an edge because you’ll be seeing this process through the court’s eyes.

So now it's time to start thinking about what evidence, such as medical records, that would help this out.

Now, he could petition the court to terminate the guardianship himself. This may be better so he can be free of guardianship altogether. 

Nearly anything can be used as evidence. This is including, but not limited to, written testimony, oral testimony, text messages, photographs, videos, public records, police reports, medical records, etc.

There usually isn’t a form for something like this. You’ll need to do it on 28-line pleading paper. You can usually get 28-line pleading paper relatively cheap if you click the link below:
https://www.etsy.com/listing/661142488/pleading-paper.
When you have your document(s) ready, you should go to www.thumbtack.com and find a
process server. A process server is a person who will serve a copy of the document on the other party for a small fee. A process server must be at least 18 years old and not involved in the case in any way. Friends and family can do it, too.
Once the document is filed and served on the opposing party, they will have a chance to oppose the filing if they wish. They must file and serve their opposition, too. Regardless, the magistrate will review the documents and either a) call a hearing to have you make oral arguments or b) make a decision without a hearing. Regardless, you’ll be notified of the magistrate’s decision in writing.

Please let me know if this has answered your question fully. I hope this information is helpful to you. If you need additional assistance or have follow-up questions, please reply to my message below, and I will respond as soon as I can.


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