T
TomRizzo
Guest
What is the name of your state? New York
I have tried unsuccessfully to find information on the legal rights of guardianship in New york State. My only sibling is a 56 year old mildly retarded male who has, for his entire life, been dependent on my mother for his care. In 1996, my mother asked her brother and sister in law to apply for guardianship which was granted by the Surrogate Court in our county. My mother passed away recently and now my aunt and uncle are manuevering to take control of my brother's physical and financial affairs. They have already changed his address to theirs, taken money that he saved for "christmas" and intend on moving him to their home. My brother has lived with me and my wife for well over 10 years and my aunt and uncle have never assumed responsibility as guardians until now. I know that I can petition the court to revoke their guardianship since they failed to assume any of the legal responsibilities such as filing yearly reports to the court but I am concerned that they can force him to move in with them prior to a court hearing. My question is this..can they forcefully remove him from my home? My Uncle is also bringing "papers" for my brother to sign..should I allow this to happen? Does my brother have any legal rights to refuse to do any of this. Thanx for your advice in advance.
I have tried unsuccessfully to find information on the legal rights of guardianship in New york State. My only sibling is a 56 year old mildly retarded male who has, for his entire life, been dependent on my mother for his care. In 1996, my mother asked her brother and sister in law to apply for guardianship which was granted by the Surrogate Court in our county. My mother passed away recently and now my aunt and uncle are manuevering to take control of my brother's physical and financial affairs. They have already changed his address to theirs, taken money that he saved for "christmas" and intend on moving him to their home. My brother has lived with me and my wife for well over 10 years and my aunt and uncle have never assumed responsibility as guardians until now. I know that I can petition the court to revoke their guardianship since they failed to assume any of the legal responsibilities such as filing yearly reports to the court but I am concerned that they can force him to move in with them prior to a court hearing. My question is this..can they forcefully remove him from my home? My Uncle is also bringing "papers" for my brother to sign..should I allow this to happen? Does my brother have any legal rights to refuse to do any of this. Thanx for your advice in advance.