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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114753
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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We 't know where to turn so maybe you can help. My brother

Customer Question

hello , we don't know where to turn so maybe you can help. My brother who lives out of state had a long standing relationship with our father, since June of this year he has not been able to get in touch with him , we found out our older sister has legal guardianship over him , and has not conveyed to any of us that our father has been in the hospital or anything about him. My brother has called the police and asked them to do a wellness check on our father and our sister wont let the police in to see him and the police just tell my brother he is ok and to stop calling them, by the way our not so nice sisters daughter is married to one of the police in our town, my brother has called my fathers attorney and he wont tell him anything accept to call an attorney, I talked to my sisters daughter to try to get info for my brother and she is very standoffish and is making claims that the 3 of us took $150.000 from our dad and that we abandoned him years ago, all I am trying to do is help my brother who cared about our dad , he just wants to know if he is ok , we don't know where to turn , I hope you can help . Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am sorry to hear this is happening, but if she has legal guardianship this is a HUGE problem, because there are only two ways to resolve the issue. First, you need to go to court, with an attorney (that would be mandatory in a case like this) and you need to prove she is not acting in his best interests and needs to be removed as guardian. Not acting in his best interests means perhaps self dealing taking property for herself or it could mean not properly caring for him physically, mentally or even emotionally by denying him contact with the children.

Second, if she is committing any type of physical abuse or financial abuse, then adult protection services would get involved and can investigate and pursue her and remove her as guardian.

You can find a local elder law attorney in the area and you can do so at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com

I am afraid those are really your only options based on what you have stated.

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