If a probate court ruling in 2001 as to my competency was overturned in 2003, can I still sue for the initial wrongful ruling?
Question Details:
I was ruled in Probate Court as incompetent. I was assigned a Guardian/Public Administrator and placed in a home for the incompetent. This was 2001. I was released in 2003 as the ruling was overturned. I graduated college last 08/09. My question is can I be compensated for an unfair ruling regarding the Probate Court decision. Is there a statute of limitations issue?
Most likely there is a statute of limitations problem for you. By whom were you declared incompetent. Was the overturned ruling inclusive of a decision on whether the motion should have been brought in the first place? You cannot sue the court. But whomever decided to bring this motion in court may be sued, if however, you sued in 2003 or shortly thereafter.
You need to check with a lawyer in your state to determine if the statute of limitations for this type of action has run and you are no longer able to sue or if you have something tolled to allow you to sue.
