Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

My Brother took my mother out of state was suppose to be for

Customer Question
2 weeks its been a...
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
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
5/4/2015
Family Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
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?
Ask Your Own Family Law Question
Customer reply 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.

Family Lawyer: Ely, Counselor at Law replied 2 years ago
Sure. Please tell me how long she has lived in AZ? More or less than 6 months?
Ask Your Own Family Law Question
Customer reply replied 2 years ago

year and half

Family Lawyer: Ely, Counselor at Law replied 2 years ago
Thank you. One second while I am typing out an answer, please.
Ask Your Own Family Law Question
Customer reply replied 2 years ago

ok thank you

Family Lawyer: Ely, Counselor at Law 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.
Ask Your Own Family Law Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,932
102,932 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

102,932 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
If I revoked guardianship to grandparents over a child
If I revoked guardianship to grandparents over a child BEFORE I was served temporary custody papers, is my demand letter revoking their rights null and void? The filed the lawsuit and I didn't know. I… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I need to be at a guardianship hearing where my sister
I need to be at a guardianship hearing where my sister petition for guardianship of my father. He has been deemed incompetent but her lawyer says my father agreed to her being guardian. My father call… read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
How do begin the course of action to obtain guardianship for
how do begin the course of action to obtain guardianship for developmentally challenged youth?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I may nedd to request an emergency guardianship of my great
I may nedd to request an emergency guardianship of my great nephew over the weekend. What is the procedure for going nefore a judge over the weekend? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am seeking to get temporary guardianship of my nephew, as
I am seeking to get temporary guardianship of my nephew, as is my mother the child's grandmother. (Basically third party custody). I need guardianship for the time being so that I can enroll my nephew… read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
Guardianship for a parent. I am the only living adult child
I am the only living adult child left of my mother who has Alzheimer. A granddaughter is trying to get guardianship over my mother. Is it possible, the granddaughter can get guardianship vs. the only biological living adult child? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
I would like to know how to cancel guardianship, the
Hi i would like to know how to cancel guardianship, the guardianship was done on Family Care Plan for Army National Guard. I don't see how the Agent can terminate a Power of Attorney. … read more
Edward Young
Edward Young
Juris Doctor
158 satisfied customers
What is required, in Texas, to take guardianship of a child
What is required , in Texas, to take guardianship of a child if both parents are compliant? My wife's brother has a 12 year-old daughter. He and her mother have not been able to provide a stable envir… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
If guardianship is given to the grandmother, is one parent
Hello, if guardianship is given to the grandmother, is one parent who makes more money than the other required to pay more based on salary? … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
I am interested in knowing how to get guardianship of a
I am interested in knowing how to get guardianship of a grandchild … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
I need advise regarding guardianship in the State of Texas.
I need advise regarding guardianship in the State of Texas. I have a 17 yr. old cameroonian national orphan that is in the US on a 6 month visa extension and I need to get the quickest possible legal … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,669 satisfied customers
I need assistance in getting guardianship of my special
I need assistance in getting guardianship of my special needs grandson. His mother was 15 at birth, and now at college. I am his sole caregiver and I need to make all medical decisions, and hospital s… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
I went to court on oct3 for guardianship I think. it is
i went to court on oct3 for guardianship I think. it is between an aunt and myself being the grandparent and a minor child age 8 the mother & father are out of the picture for now somewhat.long story … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
I need to establish guardianship of my mother who has
I need to establish guardianship of my mother who has Alzheimer's … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
If guardianship was given in California and the guardian
If guardianship was given in California and the guardian took the child to Oklahoma, does the parent have to go back to California to dissolve the guardianship and get custody? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
How hard is it to terminate a guardianship in the state of
how hard is it to terminate a guardianship in the state of missouri … read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,025 satisfied customers
I need to get guardianship of my mother. I believe she has
I need to get guardianship of my mother. I believe she has alzhiemers but refuses to go to a doctor therefore she has not been diagnosed. She does not recognize family members and is not going to be a… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
My granddaughters mother is in contempt of the guardianship
My granddaughters mother is in contempt of the guardianship papers I relieved in probate. What can I do? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x