Legal Question in Family Law in Maryland

Legal guardianship

My brother(60) is mentally handicapped(mentally and emotionally a 12 year old). He has been in a supervised program in ms. For the lasr 30 years. My parents lived close by and had guardianship. Last tear they developed alzheimers and have moved to atlanta near my sister, who has power of attorney.My brother has developed diabetes and needs close care. He is coming to live with me in november. The question does my sister have guardianship automatically or does the courts in ms. Need to be involved and how do we get my wife and i , with my sister legal guardianship here in md.?


Asked on 10/09/07, 8:45 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Legal guardianship

You will have to file a petition to change your brother's guardianship. This can be filed in the same case in which your parents were awarded guardianship. Your sister doesn't "inherit" guardianship of your brother from your parents just because she's now taking care of them. You should retain an attorney familiar with this process to assist you with this.

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Answered on 10/10/07, 9:26 am


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