Legal Question in Civil Litigation in Pennsylvania

Gaurdenship

My 31 year old son suffered a traumatic brain injury. He and his wife were separated at the time (we think she had something to do with the injury). He was in a coma for 15 days and then was in a vegetative state which he is starting to come out of. His estranged wife went to court to gain gaurdenship and it was awarded to her by the courts. My question is what steps need to be taken to get him out of her control. He has come a long way since the court hearing and he is almost ready to come home. When asked, he says he wants to go home to his Dad's house not his estranged wifes house. Does the decision have to be made by the courts or can a Doctor declare him comeptent enough to mange his own affairs??


Asked on 4/21/07, 9:34 pm

2 Answers from Attorneys
John Gibson John W. Gibson, Esquire

Re: Gaurdenship

If guardianship was awarded by the Court, it has to be changed by the Court. You need a local attorney who practices in that area to meet with your son and present a Petition to the Court.

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Answered on 4/23/07, 9:33 am
Daniel Cevallos Cevallos & Wong, LLP

Re: Gaurdenship

First, you should provide some more information about this injury. Where did this happen? Have you consulted with an attorney regarding this matter? As to your separate matter about gaining control over your son, you should consult with a private attorney about bringing a guardianship action. Feel free to call our offices about the injury and the custody matter. I may refer you to a specialist in the custody matter. I look forward to talking with you soon.

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Answered on 4/22/07, 2:57 pm


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