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Guardianship of a Disabled Adult

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TomRizzo

Guest
What is the name of your state? New York

:confused: 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.
 


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hmmbrdzz

Guest
Hi TomRizzo: I've read your note a few times, hoping one of the site's attorney's would respond to you with some info. Your note is getting closer towards the bottom, so I'm going to make a few suggestions (I'm not an attorney -- I'm an RN). As far as someone being able to remove your disabled, mentally retarded brother from your home -- if there is a court order for your brother to be placed in the home of someone else, yes -- there will come a point that authorities can forcefully take him (if it gets to that point). Hopefully it won't -- no matter what the outcome is on the custody issue. As I think I understand your situation, your brother has been in your home for the last 10 years while your mom was living (?) and that your mom just recently passed away (?). Regardless, actually -- since your aunt and uncle ARE taking steps for guardianship (and since you do not want this to occur), I strongly urge you to get an attorney for this. As far as your mentally retarded brother signing anything, he is not "mentally competent" to do so, and I would refuse to let him sign anything on that premise. I would politely tell the uncle (prior to him coming to your home in an attempt to get your brother to sign something) something to the effect "he is mentally retarded and not mentally competent to sign that document, so please do not bring it here". If your uncle doesn't sound agreeable, I would suggest you advise him of your intentions to consult with an attorney.

Best of luck to you.


hmmbrdzz
 
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TomRizzo

Guest
Thanks so much for your advice. Even though I am trying not to involve an attorney my options are limited at this point. I hope I don't open up a pandoras box in as much as my aint and uncle have failed to file annual reports to the court, but if we can't settle this amicably then I guess it'll be time for litigation. Again thank you for your time in answering my plea.
 

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