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10 years ago when my grandmother died, my mother got legal custody of my mentally retarded aunt. My mother went thru the complete legal process. My uncle and his con artist wife, wanting her monthly support money, kidnapped my aunt and took her out of state (Massachusettes). Believe it or not, the state of Mass. is not helping my mother out at all! Part of the problem is that my mother got custody in one state then moved to another. Apparently, when you move to another state, you have to get custody papers in that state.
Please be very careful and especially with the state of Massachusettes. The real problem with Mass. is that the DMR (Dept of Mental Retardation) is trying to get my aunt so a social worker will get a job and the social worker will get my aunt's support money. This state government entity has unlimited legal access for free - my mother is in a different state and is poor. The probate judge said this has to be handled in Massachusettes not in the state where my aunt is from (making it even more financially difficult for my mother and easier for the state). My uncle will lose his legal fight for my aunt; he doesn't have any money either that's why he is doing this. My mother adores her sister (my aunt) and this is breaking her heart.
My advice is to make sure you have legal custody papers in the state you reside in; make it clear to the mentally challenged person that they are to live with you (and them tell the person who would next be in line); if a relative takes them out of state 'to visit' get everything in writing and finally stay away from the state of Mass.
If anyone knows of a website that my mother could ask for financial assistance with her legal fees, I would appreciate it.
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