Can my mother put me under guardianship?

Questioner

I am 19 years old, almost 20 and have autism, I have never really had a stable home environment, and there was a time when I did not speak to most of my family. I am currently in therapy for fear of failure, PTSD, separation anxiety and such. I am going to start school again this school year, and also continue with driving lessons, but I also want to move in with my aunt, who can and wants to offer me a stable environment, but my mother is threatening to have me placed under guardianship if I do that, which I absolutely do not want. I currently live in a supervised student house, where I feel lonely and alone. Is it possible that I will be placed under guardianship by the judge because of my current mental situation?

Lawyer

To request guardianship, there must be a mental disorder in which someone can no longer look after their financial and other personal interests. Autism in itself is not automatically a reason for guardianship. The fact that you are in therapy and are seeking this help for your problems also shows that you are actively working on your health. However, it is the judge who ultimately decides whether someone is placed under guardianship. For guardianship, an application must be submitted to the court by, for example, the mother, but also by a guardian or by the person themselves. It is important to know that the judge only pronounces guardianship if there are no other options (such as mentorship or administration) left. If a guardianship application is filed by your mother, the court will send a summons for a hearing where you can give your opinion and explain why you think you do not need to be placed under guardianship. In this sense, it is advisable to consult a lawyer or attorney yourself to be able to represent your interests during a possible court hearing. The fact that you are going to school, taking driving lessons and getting help for your mental health issues can work to your advantage, as this shows that you are able to participate in society and also take care of yourself. In short, a guardianship is not arranged just like that and there must be a good substantiation for it. You actively demonstrate that you deal with your psychological problems and strive for independence, and these are matters that the judge will certainly take into account. In case of an application, I would strongly advise you to seek legal assistance. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.