How can I remove my mom as guardian of an account that was established for me due to my suffering a personal injury as a child?

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How can I remove my mom as guardian of an account that was established for me due to my suffering a personal injury as a child?

I am 18 years old and I was involved in a car accident as a minor. I received monetary compensation as a result the money was in a trust fund until 7 months ago. Now their is a savings account in which I am supposed to receive monthly payments. The judge appointed my mom as guardian. I live on my own and have 2 small children. She hasn’t given me any of the funds in the past 5 months. What can I do to get a new guardian.

Asked on July 22, 2011 Mississippi

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to petition the court to remove your Mother as guardian as you are not a minor any longer.  You will also ask that you be permitted full access to the funds.  I say this without really knowing what the terms of the settlement were but generally speaking the courts can not keep you and your money separated once you reach adulthood, which is generally 18 years old.  Plus you have very good reason to be needing the money: to care for your family.  Go to legal aid and see if there is any way that they can help you with this.  Or try your local bar association.  I would also ask in the paperwork that the account be frozen temporarily and pending the outcome of your petition so that no funds go missing.  Good luck.


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