Does filing for guardianship require consent? A person turned 18 some time ago and his parents haven't started filing for guardianship until now. I've heard that by law if parents haven't filed for guardianship before the child turns 18, the child is technically his own guardian, although I'm not sure if this is accurate. However, my question is this. If someone's parents file for guardianship and go to court, will the parents need the child's consent to become the child's guardians?
In the United States, the answer is no. The entire point of guardianship is that the ward is not competent to make legal decisions himself; the court appoints the guardian to consent to things on the ward's behalf. So the parents wouldn't need the child's consent, but they would need to demonstrate to the court that the child is incompetent to make legal decisions and that they are the best people to serve as guardians. To the best of my knowledge, granting guardianship over an adult is almost always limited to cases of serious mental incapacity, such as a vegetative state, mental retardation, Alzheimer's, etc. Is someone is aware of guardianship and researching it online, that is probably a good sign that the person is not a candidate for guardianship.
What you have heard is not exactly correct (and also depends, in part, on the Chapter under which the bankruptcy is filed). I will address the simplest case, a Chapter 7 liquidation of an individual, which is simpler, because a Chapter 7 liquidation is determined as of a point of time, while Chapter 11 and Chapter 13 reorganizations are conceptually more complex and don't just transfer rights to a trustee at a single point in time. When you file a Chapter 7, all of your property, including you rights to sue people that had accrued as of that date, are transferred to the bankruptcy trustee as an asset of the bankruptcy estate, and the right of anyone to sue you is stayed automatically until the bankruptcy court either authorizes the lawsuit, or discharges the debt associated with the lawsuit (there are actually a few cases where the automatic stay expires on its own after a certain amount of time). Rights to bring lawsuits that arise after the bankruptcy is filed, or can be brought at any time, like a divorce/custody suit, are not barred, although property and enforcement of economic rights in those cases may be stayed until the bankruptcy court takes action. Custody issues other than child support, and termination of marital status are not affected. For example, if you file for bankruptcy on Monday and are hit by a bus on Friday, your personal injury suit claim is probably yours and not the bankruptcy estate's and can be brought by you. But, if you are hit by a bus on Monday and then file for bankruptcy on Friday, your personal injury suit claim is probably property of the bankruptcy estate. (It is a bit more complicated than this, because your right to sue for a personal injury might be exempt property, at least in part, but this example conveys the gist of the concept.) There is a further complication in the analysis which is that domestic relations actions and probate court actions are normally considered to be outside of the jurisdiction of the federal courts (bankruptcy court is a federal court), even when there is diversity of citizenship, which doesn't change the basic conclusions above.
No law in the US requires that parent and child have the same last name. It is usual that a child's name match that of at least one parent, but not required. A parent can change his or her name, without changing the names of any existing children. Also, when a child is adopted, the child's name need not be changed to match the name of the parents, or either of them. I have read of cases where a widow remarries, and takes the name of her new husband, but an adolescent child retains his or her birth surname. I suppose this would also be possible legally if it is the husband who changes name on remarriage, but i have not read of such a case. I think, but I am not sure, that a child's name could be changed to a different name than the name of either parent. It may be that this would only be done if the child is old enough to understand and agree to the change.
united-statestexas In the US, it depends on the consent-to-treat laws of the state. In Washington, under RCW 9.02.100, everybody has a right to reproductive privacy (be it contraceptives or abortions). Under the federal HIPAA privacy rule, the minor requesting contraceptives would therefore be &quot;the individual&quot;, which means that disclosure to others requires consent from the patient. Given the supremacy clause, that's all she wrote for Washington. The majority of states similarly allow 16 year olds to request contraceptives. Texas Family Code §32.003 spells out the conditions where a minor can consent to their own medical treatment, which does not include the situation you describe, therefore parental consent would be required (which clearly implies parental notification). Furthermore, that law also says (d) A licensed physician, dentist, or psychologist may, with or without the consent of a child who is a patient, advise the parents, managing conservator, or guardian of the child of the treatment given to or needed by the child. Therefore in Texas there is no prohibition against informing the parent(s). (Note that in the Texas Family Code, &quot;child&quot; is a synonym for &quot;minor&quot;, so this also applies to teenagers, not just small children.) Carey v. Population Services Int'l, 431 U.S. 678 is an important ruling regarding the rights of minors to make their own decisions regarding contraception, but it does not go so far as to declare that minors have a constitutional right to give consent to the requisite medical examination.
I assume you are not legally emancipated. To evict anyone, there is a legal process – nobody can just kick a tenant out, without the appropriate court order. These guys describe the process for evicting an adult child (where the child does not have a lease and is a tenant at will). A custodial parent has a legal obligation to provide, among other things, a place for the child to live. Kicking a child out is contrary to that obligation, and could constitute child abandonment ("neglect" under CRS 19-3-102), and that is a crime. A court would not grant a parent's motion to evict a minor child. If a landlord takes the law into his own hands, as it were, he can be sued under CRS 38-12-510.
Generally, if someone asks you to leave their property you have to leave*. Just because a place is owned by the public, doesn't mean anyone can go there any time they wish. Military bases, firehouses, and jails are owned by the public, but many of these have limited access to the public. It may be open to the general public, but that does not mean restrictions cannot be put into place, either on times, or activities, or individuals. For example, public parks often have time and activity restrictions; schools have the power to restrict individuals from their premises, either specifically or by general category. As a general point of law, the owner of any property, or their agent, can order anyone without the right to stay (e.g. not a co-owner or tenant), and that person must depart, otherwise that person is tresspassing. The Social Service Administrator is almost certainly an agent of the controlling entity that owns the property. Thus their demand that you leave the premises is enforceable, unless you have a non-revokable right to be in that space. *As user Justaguy points out there are some exceptions. Most notably, police can some times enter a property uninvited or against the owner's wishes (such as under emergency circumstances or with a warrant).
This person is appointed by the court to look after the child's interests recognizing that the child's interests may be different from those of the parents. As @phoog notes in the comments: the attorney ad litem is not your lawyer. The question suggests that you might not understand this (you mention &quot;our&quot; attorney ad litem). The job of the attorney ad litem is to represent your daughter's interests, which might not align with yours. This is why you need your own lawyer. The attorney ad litem might be skeptical of you and your submissions to the court; that's her job. It doesn't necessarily mean that she is biased against you. If her skepticism is well founded, an attempt to have her replaced may work against you. (FYI, most jurisdictions call this person a &quot;guardian ad litem&quot; or GAL, but Arkansas uses atypical terminology.) Our attorney ad litem appointed for our 2 year old daughter is extremely biased against me. This is not a reason to remove the person appointed. It is their job to distrust parents and provide an independent opinion to the court. There could be grounds for removing a guardian ad litem (e.g. a personal relationship with one of the parties prior to the litigation), but nothing in this question suggests that any relevant facts are present. You would be much better served trying to figure out what causes the guardian ad litem to distrust you and to find a way to show that person that their distrust of you is ill-founded.
I am not a lawyer either, though I have been through Pennsylvania a few times. The relevant law is 18 Pa.C.S. 5703, which prohibits recording without consent of all parties (Penna is a "two-party consent" state, like Florida and Washington). Unfortunately, violation of that law is a third degree felony, which has a maximum of 7 year prison. A specific instance of someone getting in trouble for recording their boss is Commonwealth v. Smith (Smith used a cell phone to record his boss, then argued that a cell phone isn't a "device"; the court determined that it is, and that was Feb 16 2016 so who knows the final outcome). An attorney in Pennsylvania might be able to tell you how often people actually serve time for violating the law. You should call one.