Legal Question in Family Law in Utah

Guardianship of my mentally handicapped brother.

Hi, My brother is 46yrs and has been mentally handicapped since birth. He has the mind of a child. He lives in a home for the disabled. My understanding is that my parents have guardianship until they die. Who has it after they die? They said the care center had them explain DNR status to him and had him sign the papers himself. Are they binding with his mental capacity? I don't want the state taking guardianship and keeping him alive on machines forever if something happens to him after my parents are gone. I'm a nurse and I've seen it happen to others.


Asked on 4/07/08, 2:31 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Guardianship of my mentally handicapped brother.

Unless your parents went to court to get an order of guardianship, they do not have legal custody. Upon your parents death, guardianship will revert to the state unless someone else applies. You can apply at any time for an order of guardianship or partial guardianship. Any documents he signs are of no legal effect.

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Answered on 4/07/08, 5:08 pm


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