QUESTION
Can a sibling take guardianship of a physically impaired brother although he is married and the wife is providing care for him?
Asked on Feb 07th, 2012 on Guardianship and Conservatorship - Florida
More details to this question:
46 yr old male, traumatic brain injury, history of family abuse prior to accident. Accident enhanced anger/anxiety issues. Baker Acted a month ago because he treatened family with a knife. Wife and children afraid of him. Restraining order in effect through 3/20/12 at which time appear before judge. Wife has husband in an assisted living facility but no contact due to restraining order.
Husband''s sister threated sister-in-law she would take legal guardianship of brother so he could see the kids, regardless of R.O. Can she do that? Please advise. Desperate situation.
1 ANSWER
4 Awards
The following are my responses to your questions:
"Can a sibling take guardianship of a physically impaired brother although he is married and the wife is providing care for him?"
The sister can petition a court to have her brother deemed incapacitated and to have herself appointed guardian. However, she may not be aware that guardianship is a lengthy and expensive process. Additionally, there must be a finding by a three-person examining committee that the individual is incapacitated.
"...take legal guardianship of brother so he could see kids regardless of R.O. Can she do that?"
The sister cannot circumvent a restraining order by being appointed guardian of her brother. She will have to honor the restraining order in place.
Answered on Feb 07th, 2012 at 1:45 PM