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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35406
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My brother is 52, a veteran, and received a tramatic brain

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My brother is 52, a veteran, and received a tramatic brain injurgy about 6 month ago. He currently resides at a nursing home in Texas. He is divorced and his sons appear to want no responsibility for his care. I am the only remaining immediate family member. I have been offering consent serving as next of kin and will gladly continue.

To help with his affairs, I feel I should pursue guardianship. He has practically no ability to make even basic decisions and requires constant care. Benefits are becoming an problem, as he is not able to complete and application or answer questions. I'm not clear of the next best step for him.

XXXXX XXXXX
Mechanicsburg, PA [email protected]
Good morning Keith,

I'm Doug, and I'm very sorry to hear of your brother's situation.

Under the circumstances, you will need to file a Petition with the court to be Appointed his Legal Guardian and Conservator of his Estate. When you are granted the Letters of Guardianship by the court, you will be legally allowed to act in his place in all matters relating to his health and well being as well as his finances. While the authority granted you lasts a bit longer than one year, it is easily renewed so that you may continue to act on his behalf into the future with no interruption.

You will need to have a Probate attorney in the county where your brother is presently residing file your petition with the court. The fee of $3,000 that you mentioned is a reasonable fee for the work that must be done in this instance.

Here is a good article on Guardianships in Texas, and I'm sure you will find some helpful information in this article: http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/FamilyLaw/ProtectingtheIncapacitatedAGuidetoGuardianshipinTexasfromApplicationtoOath.pdf


You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.


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I wish you the best in 2012,

Doug
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