Fort Lauderdale, FL asked in Family Law and Child Custody for Puerto Rico

Q: can a grown up ward of a guardian leave said guardian?

Ive been living in Puerto Rico with my grandmother for the last 5 years, when i came down to pr my parents were in a bad spot and could not properly take care of me, i told her everything and she put me under a guardianship with her, the last time i was informed on what was going on with the guardianship it was suppose to expire when i turn 21 and then im able to do what i want, but Ive been told by her that its till im 26. i recently visited my parents and they changed for the better, they can properly take care of me at this point. i need to know if i can legally leave from my grandmother and move back in with my parents? (i don't need her financial help as ive graduated university last year and have been finding freelance jobs since that let me stay afloat by myself)

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1 Lawyer Answer
Rafael  Pagan-Colon
Rafael Pagan-Colon
Answered
  • Divorce Lawyer
  • San Juan, PR
  • Licensed in Puerto Rico

A: A person comes of age in Puerto Rico at 21. What your grandmother has told you is not correct nor is it legal. If you're already 21 years of age or older, you are legally capable of making your own decisions and leaving, if you wish to do so.

If you're studying in college, you do have a right to continue receiving financial support beyond 21, until 26 years of age. If your grandmother's guardianship was established by way of a court case, I'd advise that you notify the court of your coming of age; but you can certainly leave to be with your parents. Your message does not state whether you have independent means to live on your own. If your grandmother sustains you financially, she may try coercing you to stay under threat of denying you further aid.

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