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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102162
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My Brother took my mother out of state was suppose to be for

Customer Question

My Brother took my mother out of state was suppose to be for 2 weeks its been a 1 1/2 she cries wants to come he wont let any of us talk to her she has had a major stoke unable to get away on her own what legal rights do we have?
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; (B) You may or may not see a timer on the question. The site is doing some testing, but do not worry, this timer should not get in our way. The question may be answered sooner than the timer ends, or a little after. The timer may reset or it may not. Point is - I will try and make it work for our conversation; and(C) For the sake of clarity I may break my replies into several parts, so there may be a slight delay between your follow ups and my replies. Ergo, until you see me saying "I am ready to be rated," that means I am still working with you and we have not finished yet.I am sorry to hear about this. Can you please tell me:1) What state does your mother live in, and2) Are there any guardianship orders in place?
Customer: replied 2 years ago.

she lives in Arizona now she is from Ohio and wants to come back. as far as I know there are no guardianship. I understand you cant give legal advice I just dont know where to start to get her back in her own home. My brother is trying to sell her home and I know she does not want that.

Expert:  Ely replied 2 years ago.
Sure. Please tell me how long she has lived in AZ? More or less than 6 months?
Customer: replied 2 years ago.

year and half

Expert:  Ely replied 2 years ago.
Thank you. One second while I am typing out an answer, please.
Customer: replied 2 years ago.

ok thank you

Expert:  Ely replied 2 years ago.
Someone in your situation may wish to file for formal guardianship. As her guardian, you will be able to override her decisions, make decisions for her, and get her the help she needs and take her wherever she needs to be. It would be as though she was a minor. You'd file a petition with the court, serve all interested parties, and have a hearing. The Court will appoint you in the best interest of the ward, if the Judge agrees to this. You'd have to serve her, all immediate relatives, siblings included so him as well, and they can not become involved, or reply and support or not support the petition, and possibly introduce another candidate for guardianship such as themselves. The judge makes the final decision. See HERE for more.An attorney is not mandated, but is recommended.I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct.. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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