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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Personal Injury Law
Satisfied Customers: 18580
Experience:  B.A.; M.B.A.; J.D.
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My wife's twin sis whom is mentally retarded and physically

Customer Question

Hi my wife's twin sis whom is mentally retarded and physically incapacitated all her life had suffered a bad case of pneumonia under the care of a state run group home in Brooklyn . She has been in hospital for 3 weeks , two of them were in Micu and now she is hooked up to a breathing machine .My wife was appointed guardian by her mother who is deceased over 30 years ago but since her sis has been in hospital the state liaison physician has been making all the decisions and leaving my wife out of the loop .She wants full guardianship and also wonders if the facility was negligent in the care which led to her sis medical emergency
Submitted: 5 months ago.
Category: Personal Injury Law
Expert:  Phillips Esq. replied 5 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 5 months ago.

I am sorry to read about this sad situation.

I need clarification. You stated that your wife was appointed Guardian of her sister by her mother. Then you said that your wife needs a full guardianship. I am a bit confused. A Guardian has full guardianship of the ward. However, if the Guardianship is not approved by the Court, then your wife needs to file Emergency Motion for Guardianship and simultaneously file for temporary Guardianship so that she would be appointed Legal Guardian of her sister while permanent Guardianship petition is going through the system--is being processed by the Court.

Customer: replied 5 months ago.
That is correct she assumed the responsibility because her mother did not want to assume the responsibility anymore so she handed it over to my wife whom was just a minor then but no, there was never anything filed in court so therefore she has to file an emergency motion but the liaison said the state may fight her on this
Expert:  Phillips Esq. replied 5 months ago.

Thank you for the information.

That is correct. She needs to file papers with the Court for Guardianship. It does not matter if the State would fight her. As the twin sister, she has grounds to want to be the one who speaks and acts on behalf of her sister and also pursue the group home for negligence. The State has conflict of interest because it is unlikely for the State to go after itself for negligence. She would need to consult with a local Attorney who handles family law and mental health issues to assist her with that part of the case.

You can use the following sites to find local Attorneys:

Lawyers.com

Justia.com

Findlaw.com

All the best,

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