Legal Question in Family Law in Virginia

Legal GuardianShip of Mentally Retarded Sibling in VA.

My brother is 32 years old, and Mentally Retarded.

Mental age of about 8.

His mother had custody from her divorce 29 years ago.

His mother and I (sister) were his only caregivers.

I was the major caregiver since mother worked 12 hour days

to support us.

His mother died 2 years ago. And it was always ''understood'' that i would take her son in and care for him for the rest of his life.

Before moving to VA from NY, he saw his dad ''occasionally on weekends'' and never holidays.

After coming to VA his dad came down twice yearly.

Now, after 32 years his father has decided he wants his son to live with him.

I have been the constant person in my brothers life, I am the sole authority figure.

Do I have Rights? I currently hold power of attorney.

thanks

Sister.


Asked on 4/23/03, 7:45 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Legal GuardianShip of Mentally Retarded Sibling in VA.

If you wish, you could file for guardianship of

your brother. Your brother's father could, also, initiate his own petition, if he so desired, and it would be up to the courts to decide where the equities lie and who should have legal responsibility for your brother.

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Answered on 4/24/03, 9:28 am


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