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Obtaining guardianship

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akhanmac

Junior Member
What is the name of your state (only U.S. law)? Virginia

My father is mentally incapacitated. By this I mean he can no long make decisions related to his health or financial matters due to a stroke he suffered several years back.

Of my 7 siblings no one has guardianship. He is currently receiving home care via Virginia medicaid and I have moved into the front portion of the house. I do not have any financial relationship with my father. My youngest brother lives at home with us as well and again no financial relationship with my father.
My youngest sister used to live at home, but she has since moved out but has maintained her room.

On the petition for guardianship i am required to provide three relatives, that could be adult children, adult siblings.

The question is does the court or law give preference to which three adult relatives i notify of the petition? If i mail the two siblings living at home and one of my brothers does that qualify? Or if i mail 2 brothers and 1 uncle will that satisfy the petition requirements?

Since I have 7 siblings who are adult children of my parents and another 5 uncles, and the petition form only has spaces for three how is it determined who gets preference to take these three spots to be notified so that my petition meets the requirements?

Also by living at home and from my actions in the past i have demonstrated a greater interest and value in taking care of my father as for 3 of my siblings they have a very negative relationship with him and i want to remove them from making future decisions for his health.

Any help would be great. thanks!
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Virginia

My father is mentally incapacitated. By this I mean he can no long make decisions related to his health or financial matters due to a stroke he suffered several years back.

Of my 7 siblings no one has guardianship. He is currently receiving home care via Virginia medicaid and I have moved into the front portion of the house. I do not have any financial relationship with my father. My youngest brother lives at home with us as well and again no financial relationship with my father.
My youngest sister used to live at home, but she has since moved out but has maintained her room.

On the petition for guardianship i am required to provide three relatives, that could be adult children, adult siblings.

The question is does the court or law give preference to which three adult relatives i notify of the petition? If i mail the two siblings living at home and one of my brothers does that qualify? Or if i mail 2 brothers and 1 uncle will that satisfy the petition requirements?

Since I have 7 siblings who are adult children of my parents and another 5 uncles, and the petition form only has spaces for three how is it determined who gets preference to take these three spots to be notified so that my petition meets the requirements?

Also by living at home and from my actions in the past i have demonstrated a greater interest and value in taking care of my father as for 3 of my siblings they have a very negative relationship with him and i want to remove them from making future decisions for his health.

Any help would be great. thanks!
Your siblings should have preference over your uncles. Just pick three of them.
 

akhanmac

Junior Member
Your siblings should have preference over your uncles. Just pick three of them.
Thanks! what if i did 2 siblings and 1 uncle?

Now when you say "should" that doesn't mean that my petition will lose its validity if i use 2 siblings and an uncle correct?
 

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