Legal Question in Civil Litigation in Pennsylvania

Custody of Metally Handicapped Family Member

My parents are age 74 and 78, and living in a retirement village with my 45-yr-old mentally handicapped brother. Another brother and sister and I are all successfully employed, married and own our own homes. As a family, we have agreed that my we will never allow our mentally handicapped brother to be institutionalized. However, a doctor recently advised my parents that if they should die the State can take my MR brother and his property, supposedly because he receives State run benefits. Can you tell me under what circumstances the State would be able to do that if there are immediate family members willing and able to provide continued housing and care? Thank you.


Asked on 8/22/07, 1:13 pm

1 Answer from Attorneys
Maxwell S. Kennerly The Beasley Firm

Re: Custody of Metally Handicapped Family Member

In my judgment, your question so complicated that it would be inappropriate to give you even a preliminary answer.

You have a number of options available. You should contact the Disability Rights Network of Pennsylvania, a statewide nonprofit aimed at advancing and protecting the rights of the disabled, including your brother. You can visit their website at: http://drnpa.org/

They can either review your case or refer you to a number of public interest or private attorneys that can help you prepare for your brother's care.

I strongly suggest you seek help as soon as practical -- it is far easier to prepare an estate and care plan in advance.

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Answered on 8/22/07, 2:19 pm


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