Edgewater, FL asked in Estate Planning, Contracts, Civil Litigation and Probate for South Carolina

Q: How can I get an appointed attorney for a person with mental disabilities and poor. Trustee is stealing his money.

The petitioner is indigent, has mental and physical disabilities, the trustee has been committing frauds and not distributing his money so he can’t pay for an attorney. Can the court appoint an attorney and order the trustee to pay for it or get him an attorney probono? I have been assisting him in doing a petition and COA but I lack knowledge in this, the respondent’s attorney is poking holes in the case because of infractions a lay person would not otherwise know; ie: setting my name to the cause of action as the POA who wrote it in the behalf of the petitioner, sending a petition to the court with no cause of action or remedy. The other attorney has been moving for dismissal. My response back was a code that pretty much allows ProSe’s to have some lenience with the court and that the judge not dismiss based only on proof though we have plenty but didn’t know to send exhibits in with the petition but to look beyond a reasonable doubt because with discovering more will unfold.

1 Lawyer Answer

A: You should consult an attorney about appointing a guardian of the person because of his physical and mental disabilities.

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