Hello,

Your first step would be to petition the court for guardianship/Conservatorship over your brother. Besides a petition, the following papers need to be provided to the Court:

• A guardianship or conservatorship plan, stating how the person's medical, social rehabilitation and financial needs will be met or how the estate will be managed;
• A physician's or psychologist's report providing a diagnosis, prognoses and a statement regarding the person's current capacity to make personal and medical decisions or to manage financial affairs; and
• An acceptance of appointment signed by the proposed guardian or conservator.

If you believe your sister might be opposed to your petition, or the issues involved are complex, then you may choose to hire an attorney. Many of the forms, however, are simple and self-explanatory and do not necessarily require an attorney's assistance. Many Registers and Clerks of the Probate Court can be very helpful in providing the necessary forms and explaining generally how to fill them out.

Before appointing a guardian or conservator, the Judge must be persuaded that:

• The person is incapacitated;
• The person needs someone to make personal decisions for him or her and/or manage his or her affairs; and
• The proposed guardian or conservator is suitable, willing and able.

If your brother does not object to having a guardian or conservator, the hearing before the Probate Judge is likely to be informal. You will tell the Judge what you feel the best arrangement will be for your brother. Your brother should be encouraged to attend the hearing and be involved in the process to the extent that he is able to do so.

If the proposed ward or protected person or someone else opposes the guardianship or conservatorship, or if there is any kind of disagreement, the hearing will be more formal. The proposed ward or protected person has the right to attend the hearing, to see and hear all of the evidence regarding his condition, to be represented by a lawyer (even if the he does not have money to pay for one), to present evidence to the Judge and to cross-examine witnesses or have the lawyer do so.

Your brother or his attorney may request a closed hearing to protect his privacy. This means that the only people allowed to attend will be the your brother, you, witnesses, and attorneys. Members of the public and observers will not be allowed in the courtroom.

The Probate Judge may enter a decision at the end of the hearing or may choose to review the evidence and issue a decision later. The Judge will either appoint a guardian or conservator with full or limited powers or decide not to appoint anyone if it appears that your brother can take care of his affairs.

Once you have guardianship, your sister will be made to compensate you from the estate. If you would like an attorney to help you with this, you would be looking for a probate attorney and can find a local one here: www.martindale.com.