Guardianship of a disabled person

[kittywalker]

Does anyone have any experience with this? I’m trying to help my cousin approach a situation and I don’t even know where to look for help. Her adult brother is severely disabled and lives in a home. He has no mental or physical capacity, he doesn’t speak and can’t weigh in on decisions. Her father has guardianship, but her father is trying to keep her brother away from her. He recently moved her brother to a new home and gave the old home instructions not to tell my cousin where her brother was moved. (She and her father hate each other and behave badly to each other but I think independently they are both very good to her brother.) Her father is older and has some new health issues and she wants to take over guardianship, but they don’t speak to each other. She wants to do it by force. How does a person go about this? I don’t even agree with her currently as there is a willing and able parent to care for him, but there will be a point soon where her dad is incapable due to his own health.

[tacokick]

She needs to contact a lawyer that specializes in guardianship issues.

[rubytue]

Sept 1, 2024 8:06:31 GMT -5 tacokick said:

She needs to contact a lawyer that specializes in guardianship issues.

As soon as OP said she is doing it by force… this is the only option. 

a briefly considered being a financial guardian for my uncle when my dad passed. But nothing I have to say is relevant to this situation. Well, other than it gets messy and expensive. 

[cricketwife]

She needs to speak to a lawyer.

But if you want worthless internet viewpoints— there’s no way a judge is going to revoke a natural parent’s guardian and give it to a sibling unless she has some serious evidence of abuse/neglect/incapacity…something egregious. She could potentially win visitation rights. And yes, like PP said- it will be messy and expensive.

[wanderingback]

Yes your cousin would need a lawyer. Unless there is proof that the dad is being abusive it seems like it will be very hard to change guardianship. Otherwise your cousin needs to find out what happens to guardianship if/when the father no longer is able to (severe illness, death, etc).

[UMaineTeach]

Search local disability rights groups for a list of lawyers and start interviewing them, I guess.


This whole situation is icky and you would probably be best served to stay out of it to the greatest extent possible.

[thebreakfastclub]

Something about OP was memorable to me so I checked out her history. Woooof.

Anyway, OP has also stated she is an attorney, so she should be able to recognize that this complex legal situation is not one where crowdsourcing opinions makes any sense.

[kittywalker]

Sept 1, 2024 9:36:55 GMT -5 thebreakfastclub said:

Something about OP was memorable to me so I checked out her history. Woooof.

Anyway, OP has also stated she is an attorney, so she should be able to recognize that this complex legal situation is not one where crowdsourcing opinions makes any sense.

I am a lawyer, but not this kind. I’m not looking for legal advice, I recognize that she needs it. Just wondered if anyone had any similar experience or advice. It’s sad that just because my political views may be different than yours that I’m icky and you have to give a snarky answer. Just ignore if you don’t have anything nice to say.

[thebreakfastclub]

Sept 1, 2024 11:37:01 GMT -5 kittywalker said:

Sept 1, 2024 9:36:55 GMT -5 thebreakfastclub said:

Something about OP was memorable to me so I checked out her history. Woooof.

Anyway, OP has also stated she is an attorney, so she should be able to recognize that this complex legal situation is not one where crowdsourcing opinions makes any sense.

I am a lawyer, but not this kind. I’m not looking for legal advice, I recognize that she needs it. Just wondered if anyone had any similar experience or advice. It’s sad that just because my political views may be different than yours that I’m icky and you have to give a snarky answer. Just ignore if you don’t have anything nice to say.

I live in a state where a 10 year old rape victim could not receive abortion care and had to leave the state for treatment.

That's a real life consequence of your dumbfuck POV. You're not icky, you're diabolical. You should be reminded of your point of view every day.

[wanderingback]

Oh damn. I see we have a Trump supporter among us who thinks the overturning of Roe v Wade was the correct decision. Fuck that. I hope you don’t post here anymore.

[wanderingback]

Sept 1, 2024 11:37:01 GMT -5 kittywalker said:

Sept 1, 2024 9:36:55 GMT -5 thebreakfastclub said:

Something about OP was memorable to me so I checked out her history. Woooof.

Anyway, OP has also stated she is an attorney, so she should be able to recognize that this complex legal situation is not one where crowdsourcing opinions makes any sense.

I am a lawyer, but not this kind. I’m not looking for legal advice, I recognize that she needs it. Just wondered if anyone had any similar experience or advice. It’s sad that just because my political views may be different than yours that I’m icky and you have to give a snarky answer. Just ignore if you don’t have anything nice to say.

Yes, yes you are icky and a million other not nice words because people have and will die and have their lives ruined because of your beliefs.

[devonpow]

Sept 1, 2024 13:35:58 GMT -5 wanderingback said:

Oh damn. I see we have a Trump supporter among us who thinks the overturning of Roe v Wade was the correct decision. Fuck that. I hope you don’t post here anymore.

but but but - her fear of immigration means it’s ok to have millions of women lose their bodily autonomy and rights! 🤢

[heyyounotyouyou]

Sept 1, 2024 11:37:01 GMT -5 kittywalker said:

Sept 1, 2024 9:36:55 GMT -5 thebreakfastclub said:

Something about OP was memorable to me so I checked out her history. Woooof.

Anyway, OP has also stated she is an attorney, so she should be able to recognize that this complex legal situation is not one where crowdsourcing opinions makes any sense.

I am a lawyer, but not this kind. I’m not looking for legal advice, I recognize that she needs it. Just wondered if anyone had any similar experience or advice. It’s sad that just because my political views may be different than yours that I’m icky and you have to give a snarky answer. Just ignore if you don’t have anything nice to say.

Trump thinks your cousins brother should be dead because he’s disabled and of no use to anyone. So if trump wins, the problem will solve itself.  How’s that for advice?  

[Deleted]

So she wants to forcibly remove guardianship from her father, even though her father treats her brother well, just because she and her dad hate each other? This is bonkers. I mean, it sucks that the dad is keeping her from her brother, but changing guardianship (and using her brother as a pawn in her argument with her dad) isn’t the answer here.

My recommendation is individual and family counseling.

[maudefindlay]

Sept 1, 2024 14:45:55 GMT -5 @villainv said:

So she wants to forcibly remove guardianship from her father, even though her father treats her brother well, just because she and her dad hate each other? This is bonkers. I mean, it sucks that the dad is keeping her from her brother, but changing guardianship (and using her brother as a pawn in her argument with her dad) isn’t the answer here.

My recommendation is individual and family counseling.

That Dad may have legitimate reasons to keep her away.

[waverly]

Cases like this are usually lost.

If the home is providing appropriate care then the court won’t change guardianship. You can’t prove the father is a problem because the home is providing care not the father.

It would be/ should be a non starter.

If the dad was declining in health and wanted her to take over then that would be the time to have the conversation. But if it comes from a place of contention the dad would probably ask someone else and avoid her.

[googled]

My mom was recently a guardian to an aunt of hers by a former marriage (meaning they were no longer related by law due to the aunt’s divorce). Her daughter was her guardian/POA at first, but my mom was able to prove that the daughter was withholding medication. So, I agree with PPs that they’d probably have to prove neglect.