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Does anyone have information about emancipation?

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otherlander Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-20-08 02:17 PM
Original message
Does anyone have information about emancipation?
I don't even know if emancipation would be the right word in this case, seeing as the person in question is over the age of 18. However, due to a disability, a legal guardian has been appointed. How could this person go about filing for regular adult legal status so that they could make their own decisions about where to live?
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sinkingfeeling Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-20-08 02:57 PM
Response to Original message
1. What state is the teenager in? Laws vary by state.
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otherlander Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-20-08 04:10 PM
Response to Reply #1
2. An older friend in NJ.
He's nineteen, turning 20 soon. Thanks for the link.
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Marrah_G Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-21-08 12:43 PM
Response to Reply #2
5. Before you take to much action take a few minutes to think
Edited on Thu Aug-21-08 12:46 PM by Marrah_G
There may well be a reason he has guardians. You may only be hearing one side. Unless his family is abusive you might want to take a step back. If they are abusive you can call the authorities instead.

Edit to add: You have given us limited information. If someone decided to interfere with my child, a child over whom I had legal guardianship over for good reason, and was encouraging my child to go against me, I would be a little irritated. How about sharing a bit more information.
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otherlander Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-21-08 01:40 PM
Response to Reply #5
6. He's not with his parents.
Edited on Thu Aug-21-08 01:44 PM by otherlander
He's in a group home. He has a friend he could live until he graduates and gets a job with but the state won't let him.

On edit: I'm not pressuring him, I'm just trying to help him with the choice he made for himself.
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Marrah_G Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-21-08 02:30 PM
Response to Reply #6
8. Ahh okay
I just wanted to make sure you weren't being sucked into a bad situation
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otherlander Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-21-08 11:57 AM
Response to Original message
3. Kick
:kick:
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romulusnr Donating Member (186 posts) Send PM | Profile | Ignore Thu Aug-21-08 12:31 PM
Response to Original message
4. not a recommendation
but this legal firm has a page briefly discussing adult guardianship in NJ.

http://www.guardianship-gustonlaw.com/

The relevant NJ law appears to be 3B:12-64. Section (3) of that law refers to "the entry of a judgment adjudicating the restoration of competency or termination of guardianship for other reasons."

It sounds to me like a "restoration of competency" document has to come (or typically does come) from a doctor who assesses the ward to be competent.

The laws appear to be a little different if the person is in an institution.

IANAL
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otherlander Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-21-08 01:41 PM
Response to Reply #4
7. Thank you.
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