I want to know if I can present myself in a guardianship pettion hearing

UPDATED: Sep 30, 2022

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I want to know if I can present myself in a guardianship pettion hearing

My mother paramour who has never had a legal right to make any decision on my mother’s behalf because they were never leaglly married and FLorida does not recognize common law marriage. He has pettion the court for emergency guardianship and incompentcy judgement.He now holds in his passion tempory order giving legal say and healthcare proxy rights to him and he has accused the nursing home shes in as abusive. Nothing could be father from the truth and he is just using the system to get his way and keep her children out of the picture. I’ve have always been recognized as her healthcare proxy because I am her closet blood family member so all hospital in house records can support that much, but I never had anything officially drawn up or recorded to give us POA or HCproxy. Mostly, because I’m her daughter, they are not married and he is unfit to care for her. None of her children has been notifed of this pettion and an upcoming hearing. I don’t think he mentioned she has real family members or that they’re me be something else in place suggesting who has the real right. I do not believe his legal consul has done her do diligence to look into this person’s credibility nor if there would be cause to reject his request. I can not afford an attourny, so I wanted to know how I can get my concerns and back story heard at/or before the initial hearing schedules in May. I have reason to believe that the court has been misinformed and my mother will end up in the wrong hands.

Asked on March 16, 2017 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you cannot represent yourself directly if you are not a party to his legal action (i.e. if you were not named as a defendant). Only a party to a legal action can represent him- or herself. If you not defending yourself but are instead, for example, trying to intervene and protect your mother, you will need to hire an attorney for this purpose.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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