Surviving Guardianship

Disclaimer: This post is long.

On October 21, 2019, I was awarded guardianship over my 18-year-old son, Brad. It was a year-long process, filled with delays, but I survived.

The beginning: 

Around October, 2018, I started calling attorneys to start the guardianship process. I had received a list of guardianship attorneys from Harris Health (Mental Healthcare Agency), schools, and the kids insurance company. Some of the lawyers wanted huge down payments, while some was free. I chose South Texas College of Law, Randall O Sorrells Guardianship Clinic, to help represent my case. The college was located downtown and it only took one bus to get there.

The laywer and her students, communicated with me, during the entire process, from phone calls to emails, to Google hangouts, when my phone was dead.



I went in for my inital assessment, where we discussed Brad's disabilities, needs, and why I needed guardianship. I learned a diagnosis does not mean guardianship will be automatically granted. There has to be a need for guardianship. Brad can not read nor write. He is not potty-trained. He can not manage money. Even though he is low functioning, this does not mean, I would be granted automatic guardianship.



The lawyer focused on insurance coordinators, mental health coordinators, and educational facilities requiring Brad's signature on paperwork, simply because he was 18. He is a legal adult but he does not understand signing paperwork. Brad loves to tiny scribble but he doesn't understand signing a document for his monthly mental health visits or an annual eligibility visit.



The case officially started in January. Guardianship, first requires a doctors report. I asked if Brad's psychiatrist could complete the report since he sees her on a regular basis versus a pediatrician, he sees maybe 1x to 2x , a year. Brad does not get sick often. He went to the doctor, last year, for his well check up, plus a walk in visit for ezcema.

The clinic does not have a set pediatrician for each kid. When you go to the pediatric side, you see whoever is available for the day, at your appointment time

The receptionist at the clinic scanned the paperwork in the system (which became a big help later) plus placed the paperwork in the pediatricians inbox. The paperwork was given to the doctor, who saw him for his 18th birthday well checkup visit. This was the first delay. She filled out the paperwork wrong. Luckily, the scanned paperwork was able to be printed out again. Then, she submitted after the deadline, which caused another delay. I asked the receptionist to give the paperwork to Brad's psych. The paperwork was completed within a week. The doctors approval took a few months to be completed.


I was asked to complete a guardianship course, online. I signed up, prematurely. You supposed to sign up, after you get a case number, then complete the course. I completed the course, in advance, without a case number. I did receive an email from the judicial course people, who wanted a case number. I was able to give it to her, a few weeks before guardianship court

The middle:

Next, the lawyer needed a waiver from Brad's dad, plus any siblings over 18, who all live in Georgia. I asked my ex-husband for the addresses, last year, and was able to give the information to the lawyer. When it was time to submit the waivers, they was not signed in time. The laywer did a certified fedex letter to the siblings as an alternative to get the waivers back faster. The dad said he didn't get the letter and the lawyer sent a backup waiver. If he did not sign, he would be served, but the lawyer didn't have a physical address.

I don't know his physical address either. He had been using a post office box, as long as I known him. The laywer sent an email, saying she will run his name through a database to find his real address ti serve him. I sent him the email and the waiver came back. I had a court date within a few days of the waiver returning.

https://dictionary.cambridge.org/dictionary/english/ad-litem

Brad also was appointed an   ad-litem. An ad-litem represents the interests of the child. My laywer came from the college, while I believe Brad's lawyer came from the state. The ad litem also determines if Brad will appear in court or not. She had a spiel, she had to read to him, whether he understood or not. Brad could speak for his self in court, if he could. He could tell the ad-litem, his wants and needs, if he could. Brad paid the ad-litem, no attention. He was screaming, but not aggressive. She recommended he should not appear in court because of his history of violence. I did not want him to appear in court either because I was not sure how long court lasted. You also can't be on your phones or devices in court. Brad can't sit still too long without a device.

Next, once the court date was set. A background check was run on me. I passed.

Court Date: 

A few days before, I started getting, back to back, calls from the lawyer and ad-litem. The lawyer wanted to go over testimony to ensure guardianship would be granted. We was assigned, a tough judge. She told me to answer the questions, truthfully, but limit any explanations, unless asked. Do not wander off. Do not elaborate, unless asked. Yes maam/sir, No maam/sir. The background check had to be quickly submitted (delay). The ad litem also had to submit a report before Monday. The insurance coordinator also called me to ask me to tell them to stop calling her for medical information. The psych also called because the lawyer and ad-litem called her, confirming last minute information, and she couldn't give out information without my permission. My nerves was bad.

I am a big fan of answering the phones, let alone back to back, but it was for a good cause.

On the court date, I caught the bus downtown. I left my house about 7 am. I was going to leave about 730, at first, but glad I did not. My niece helped put the kids, on the bus, while I went to court. It was raining bad, that morning too. I got downtown early, around 730. I had to meet the laywer, in front of the courtroom at 830. Guardianship court opened at 9 am. I stopped in CVS for snacks and coffee. The courthouse is a 10 minute walk from the bus stop, so I had time.

I walked to the courthouse and survived security. I had to take shoes off, jacket off, and give up the coffee. I didn't realize, I couldn't bring glass bottles into the court house. That darn Starbucks coffee. I received a ticket, to collect my coffee, after court. I did ask if the courthouse had coffee (they did. It was in the basement of the courthouse). I took the escalator, downstairs, where I discovered a dang Starbucks, in the food court, plus a Lubys. I laughed because if I knew the courthouse had coffee, I would have just bought snacks at CVS. I got coffee plus breakfast tacos and headed upstairs to eat my food, while waiting on the laywer.

By the time, I got upstairs, it was already 8:15 am. The laywer arrived minutes, after me. She also left early because of the rain. The ad-litem also showed up early. We talked and went over testimony. The laywer also checked the docket to see, where I was. I was 2nd, but she reminded me, if something happened to the 1st person, I could easily go first.

Inside the courtroom: 

I walked in the courtroom, with my purse and my coffee. I was once again asked to ditch the coffee, even if it was in a cup. I finished up my frappe and went back inside the court room. I did bring soduku, to work on until 9 am. The lawyer and ad-litem sat at the lawyers bench, while I sat in the audience section. I also talked with a few law students, who came in to watch the proceedings. 

The judge arrived. We stood. The court announcer/desk person/assistant called the first case. The lawyer for their case said the plaintiffs was still parking their car, which means I ended up being first. The judge immediately called for my son's case. I walked up with the laywer and ad-litem. I was sworn in.

My lawyer went first. She discussed Brad's disabilities and why he needs guardianship. The judge asked me questions about Brad's daily behaviors and the role, I played in his life. I parent. I cook; clean; dispense meds; bath him; diaper him; wash clothes; help him with laces, zippers, buttons, snaps; I am his voice. We go to the doctor. The judge asked about what services he receives through his doctors and mental health.

The ad-litem focused on his aggresive side. The holes in walls. The stains on the ceilings, I can't reach because I am short. She discussed how he responded to her with the nonresponsiveness and screams.

The judge went through a spiel, repeating what each lawyer said, plus my responses, and granted me guardianship. The process took less than 10 minutes. The judge also told me how much bond, I needed to pay. My lawyer told me, I needed to bring $50 bucks, for the bond money, but the judge said $25. The bond helps you receive guardianship papers, faster.

The laywer and I left the court room. Said goodbye to the ad-litem and the students, and headed to the payment office to pay the bond. I gathered my things, headed downstairs, collected my coffee, and headed home. Guardianship was over.

My guardianship papers arrived, a week later. I survived guardianship.