How to I go about getting custody of my brother if he just suffered a severe brain injury?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to I go about getting custody of my brother if he just suffered a severe brain injury?
My brother is 20 years old and my mom is trying to take control and make all the decisions, however she is unable to even take care of herself. I am 24 years old and want to gain custody of my brother until it is determined that he can make choices on his own again. He is still in the hospital.
Asked on January 22, 2013 under Family Law, Minnesota
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry for the situation. What you need to do is to file a Petition to be appointed as the Guardian and Conservator of your brother and his estate (fancy word for belongings). The basis is his incapacity to act on his own behalf. You are going to have to show that you are a better choice than your Mother. I would get legal help but in the meantime I am going to give you a link to the Minnesota court system's manual on the matter. It will get you started. Good luck.
http://www.mncourts.gov/forms/public/forms/Guardianship__Conservatorship/Guardianship_Manual/GAC101.pdf
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.