Client is a 48 year old protected person under the guardianship of his parents. Client suffered a traumatic brain injury in 2013, resulting in the need for a guardian. His prognosis for recovery is poor. Client was married at the time of the injury. His guardians filed for divorce on his behalf, without court permission.
Client received funds from a PI settlement as a result of the injury. He has no access to his funds and lacks the capacity to direct his attorney. Client’s guardianship attorney has further identified several red flags indicating possible financial exploitation by the guardians.
Given the failure of the guardians or their counsel to comply with accounting and budgetary requirements, they cannot be relied upon to secure independent counsel for client to handle his divorce matter and protect his settlement funds, which he will need for medical care for the rest of his life.
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