Legal Question in Wills and Trusts in Missouri

Insufficient representation causing me to be placed under guardianship

I was curious as to any recourse I could make on a matter of being placed under guardianship after being forced to take medication 24 hours before trial though it was against the rights stated in the affidavit. My attorney did not stand up for any of my rights in fact he advised me to not take the stand at all though I wanted a jury hearing which I had right to according to the affidavit. I was diagnosed with schizophrenia which has since changed to bipolar as after ten years the doctors finally admit to me not hearing voices. I was not represented well at all and also the public defender showed up to see me a matter of an hour before the hearing though I believe he was supposed to have been there much earlier. I do not recall what the affidavit said about that for sure as my belongings were either lost or stolen after being moved to a different facility after exercising my right to legally refuse medication.

I was under the impression by the attorney that I would spend a short time, a year I was told, in a facility where they would eventually find me competent. It is now ten years later, I seem to not be able to find any recourse for my pain and suffering and loss of property and misdiagnosis and exploitation of a false diagnosis. Also the attorney told me when I saw him after the trial and told him of my neighbor harassing me verbally from his house that that is the reason I was diagnosed with schizophrenia. The attorney apologized to me personally and said that I did not appear incapacitated to him but that there was nothing he could do now. I feel that I have been exploited by this attorney and would like to know of any options of recourse in order to get my "guardianship" back so that I no longer am in facilities and made to appear incapacitated to the probate judge over my case.

Asked on 3/26/15, 7:39 am

1 Answer from Attorneys

Anthony Smith LawSmith

If you have recovered from your illness, or can control your life and treatment without inpatient facility monitoring, you may file a Motion to terminate the guardianship. These are nearly impossible to win unless your treating psychiatrist agrees with you. Since you have refused medication, it probably isn't worth trying without your treating psychologist's determination that you no longer suffer from bi-polar disorder.

If it has been ten years since the attorney last represented you, it is probably too late to seek damages against him or her.

It is unclear how you might seek damages for the list or stolen property. But, whomever was caring or securing them for you, may be.liable.

Good luck

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Answered on 6/05/15, 5:05 am

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