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Pro Bono Attorneys Help Parents Get Guardianship Over Incapacitated Navy Son, and Subsequently Help Terminate the Guardianship When Servicemember Miraculously Recovers

March 13, 2019

After a horrific motorcycle accident, a Navy servicemember suffered a severe traumatic brain injury and was left in a long-term incapacitated state. Due to the servicemember’s condition, his parents sought to be named as his guardians, allowing them to handle his medical and legal decisions moving forward. Distraught and confused, the servicemember’s parents visited a military legal assistance office to seek help, where a military attorney referred them to the ABA Military Pro Bono Project. The program connected the servicemember’s parents with pro bono attorneys who successfully achieved the parents’ goal—they were appointed as the guardians and conservators of their son.

However, approximately four months later, the servicemember started showing remarkable progress in his recovery. The volunteer attorneys from the prior case became re-involved, and after reviewing a report from the servicemember’s treating physician, they filed a Petition to Modify or Terminate Guardianship and Conservatorship. Recently, the petition was granted, and the court entered an order terminating the parents’ guardianship. While the servicemember’s recovery is still ongoing, his rights have been fully restored.

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