Legal Question in Disability Law in Minnesota

I live in Iowa and I am now 18, I have had a legal guardian and I get a disability check which she gets and signs her name and mine and I never see the money. Since I am 18 can I terminate her as my legal guardian and have the checks sent to me?


Asked on 8/25/10, 7:05 pm

1 Answer from Attorneys

Julie Plumitis Plumitis Law LLC

You should trust your guardian and if you don't, then you should tell someone you trust about your situation. You and/or this person can petition the court for modification of guardianship and change who has control over your finances as well as other areas in your life.

Regarding you not seeing the money - as you probably know, the disability funds are meant to cover your living expenses. Does this person buy you food, clothing, and personal need supplies? If not - then there is a problem. You should be allowed some spending money, too, but there's probably not much left after covering the bigger expenses. At the very least, you can ask this person to account for how they are using the money.

If you feel that your disability has gotten better or you have learned the life skills necessary to take more control of your life, then you may be able to get some of your rights restored to you.

For more information, check out http://www.state.ia.us/government/ddcouncil/Guardianship pdfs/17 Modification and Termination of Guardianship and Conservatorship.pdf

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Answered on 9/14/10, 11:08 pm


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