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A.D. Barnett
A.D. Barnett, Lawyer
Category: Family Law
Satisfied Customers: 414
Experience:  Attorney since 1994, experienced Divorce Attorney, Child's Attorney, Adoption, Guardian ad Litem
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My brother is in Assisted Lliving with a stroke. His wife

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My brother is in Assisted Lliving with a stroke. His wife deserted him and the want her mother to be conservator and guardian. This seems like a conflict of interest. Can she be both? What can I do to become Guardian if his psychiatric assessment requres him to have one?
Submitted: 7 years ago.
Category: Family Law
Expert:  A.D. Barnett replied 7 years ago.
Good morning! I believe I can help.

I think you would have a stronger argument to be the brother's Guardian than an ex-mother in law, but she may have been appointed because she was the only one who stepped up (or, she may have truly been your brother's choice).

What you want to do is speak with an attorney who handles Guardianship and/or Family Law about filing your own Petition for Guardianship. If the mother already has Guardianship, you can still pursue terminating that Guardianship and getting yourself appointed. Because this is (a) contested and (b) the other side has an attorney, you really need to get your own attorney to help you get there. I can't recommend you represent yourself in a contested action, especially if the other side has their own professional advocate.

Best of luck! If my suggestion helped, please click "accept." Thanks!
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