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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27640
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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How do I protect myself against a brother, ex-con attempting

Customer Question

How do I protect myself against a brother, ex-con attempting to obtain guardianship?
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. I certainly understand the situation and your concern. As I am sure you are aware, a guardianship is a court-supervised administration for an incapacitated person. A person — called the guardian — is appointed by a court to care for the person and/or property of an incapacitated person — called the ward. An adult who, because of physical or mental condition, is substantially unable to provide food, clothing or shelter for himself or herself, to care for his or her own physical health, or to manage his or her own financial affairs is considered an incapacitated person. As such, if your brother tries and goes after you to obtain this, you will need to object to and oppose his claims that you are not able to care for and take care of yourself. There is going to need to be evidence, obtained by him, showing the need for this. Of course, there may be tests done and other things which the Judge asks to be ordered,to see where you are. I can tell you that if you appear in court and are able to speak with the Judge and advise that your brother has ulterior motives in doing this, that they will not let it happen. As far as him being an ex-con, Persons disqualified to serve are:
a minor
a person whose conduct is notoriously bad
an incapacitated person
a person who is a party, or whose parent is a party, to a lawsuit concerning or affecting the welfare of the proposed ward
a person indebted to the ward, unless the debt has been paid
a person asserting a claim adverse to the proposed was or the ward’s property
a person who, by lack of education or experience, is incapable of prudently managing the ward’s estate, or
a person, corporation, or institution found unsuitable by the court.
It is also presumed not to be in the best interest of a ward to appoint a person as guardian if they have been convicted of:
any sexual offense
sexual assault
aggravated assault
aggravated sexual assault
injury to a child
abandoning or endangering a child, or
As such, his history may prevent this also.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Expert:  FamilyAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 2 years ago.
You have just told me I will just have to fight him. I guess that means I must hire a lawyer of my own and that this could get quite expensive for which I don't have to spare. His crimes are all theft and cons and presenting himself as a lawyer in San Antonio, TX....none of the crimes mentioned above. I was looking for a truly definitive answer to my question and don't see it in the above.
Expert:  FamilyAnswer replied 2 years ago.
I understand you want to protect yourself from him and in order to do this, need to defend this action in court, if he seeks to obtain guardianship. It is not a situation where you can just say or do something now, since if he files for it, there would be a case. Now, everything you shared above about his crimes in the past, will certainly be used against him, since these are crimes of dishonesty and could show he is trying to gain control over you, for financial gains. The burden is on him, to show that you need a guardian and as long as you can show this is not the case and he has no basis for his motion, it will be denied by the Judge.

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