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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Hi, I have recently been granted permanent guardianship for

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Hi, I have recently been granted permanent guardianship for my mentally ill brother. He has been evicted from his townhouse and will receive about $7,000.00. as settlement.he attorney that helped me get guardianship and settle the eviction now is insisting that I get a conservatorship My brother has well over $7,000.00 in owed bills for meds and multiply ambulance trips and hospital stays not covered by anything. I absolutely do not want to get conservatorship can he make me? The more he pushed me to the more I do not want or need it. Do I have a right to not get it. I am now receiving my brothers social security disability checks and have for years. His new rent for foster care home is more then he is receiving. Thank you.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, nobody, and I mean absolutely nobody can make you obtain a conservatorship. Not his attorney, not even the judge can compel you to act as a conservator to your brother. That is because becoming a conservator requires a consensual choice of taking upon a fiduciary and a personal responsibility for your brother. Nobody can force it, it must be based on your own choice. While I can absolutely understand the attorney's position and his suggestions, you do not have to comply if you do not wish it.

Good luck.

Customer: replied 3 years ago.

can the attorney force the court or someone else to become conservator?

Thank you for your follow-up.

That he can do. He can petition the court on behalf of the brother and request that the court issue a G.A.L. (Guardian Ad Litem) who could then petition for conservatorship. If he claims that you as a guardian are not performing your duties and are not making the best decisions on behalf of your brother, your guardianship could be severed and terminated, the new G.A.L. listed, and then a conservatorship assigned to care for your brother.

Good luck.

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