Legal Question in Family Law in Maryland

Caregiving

My husband has an adult sister with mental limitations. She is diagnosed with OCD and Bi-Polar. Thier parents are deceased. A few years ago he and his wife at the time brought the sister into their home to live with them. The sister needed supervision at that time. Her trust fund paid his wife to care for her. Since then, my husband and his wife divorced and the sister remained in the home for the past couple of years. We have now found out that she is not being taken care of properly. Social Services have been called in many times and the sister's social worker is concerned as well, saying she needs a better environment to live in. My husband and I want to move the sister in with us. No one has guardianship over her and she has not been declared incompetent. Do we need a court order to do this, or as her brother can he just go get her and her things. There also is NO contract between the sister and his ex-wife as the care giver. My husband and I do see her and take her places, she just has remained in the home of my husbands ex-wife. We want to do this quickly because of the reports of abuse, although she has not been charged. Please tell me how to handle this. Thank you so much for your time.


Asked on 1/12/07, 12:56 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Caregiving

You should file a petition for guardianship over the person and property of your sister-in-law in your county circuit court. You will need medical reports from 2 doctors certifying to her medical condition. An attorney that handles these kinds of cases can assist you in properly preparing and presenting the case.

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Answered on 1/12/07, 2:18 pm


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