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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101335
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can I legally get a conservatorship over my older brother,

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Can I legally get a conservatorship over my older brother, who attempted to commit suicide in May, and is now refusing to take any medication for his depression? He currently resides in New York City, while I live in New Jersey. He is currently living in his apartment alone, and I am very worried that he may make another suicide attempt. I see nothing physically standing in the way of this.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your brother's situation.

Can you get a conservatorship? Likely yes. A conservatorship is an adult guardianship. It essentially allows you to become the guardian of the ward, much like a parent to a child. This would allow control of his finances and decisions and getting him the help he needs. In NY, this is commonly regarded as Article 81. See here.

One files for an ArticleXXXXXand would have to serve him as well as any other close/interested family members. He and/or others can then reply and deny the need for an Article 81, or, not reply at all, or reply and support the petition. In the end, it is up to the Judge to decide. His suicide attempt certainty helps.

May I recommend the NYC Bar referral service - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

I hope this helps and clarifies. Good luck.

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Customer: replied 3 years ago.

He would likely be very angry that I am seeking a conservatorship. I imagine his refusal and indecisiveness regarding medication would help too? Even if I am awarded a conservatorship, how do I force him to take his medication? Will it work against me that I am 12 years younger than him?

M,

I imagine his refusal and indecisiveness regarding medication would help too?

Likely, yes. Any tantrums or acting out in court would only help you.

Even if I am awarded a conservatorship, how do I force him to take his medication?

If he refuses, you can have him mentally committed like a parent would a child once you have guardianship, even if it means having someone physically transport him to a facility. I know - this is tough to consider - but tough choices would have to be made.

Will it work against me that I am 12 years younger than him?

No, this has no bearing. It only has to do with what is best in his situation. It is not unusual for the guardian to be younger than the individual.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
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