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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118070
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have a sister who is seriously mentally ill and was hospitalized

Customer Question

I have a sister who is seriously mentally ill and was hospitalized 5 times in the last year. On her fifth hospitalization they got an AOT court order for her but my sister contested it and in February the judge dismissed the court order and in April she had a relapse and is not on medication and her symptoms have come back. Last year my father's property I had to sell by a public administrator and my sister and I received citations regarding the money. Susan did not like the fact that they stated she was mentally incompetent or ill so she went to court, hired her own lawyer. Susan was given a guardian ad item and she thought that it would be good if Susan was given a supplemental needs trust in order for her to be entitled to some benefits. Somehow Susan's lawyer convinced the judge to let her get the same type of trust as I have, the judge agreed on condition that if there is a guardianship being pursued he has to witheld giving Susan her share of the money. Next year will be the end of the term that the trust expires, I don't know what to do. Susan has no one looking out after her best interests, no power of attorney no nothing. Should I seek a lawyer to advise me on guardianship again? others had told me before no. What should I do?
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, the old saying that you cannot save some people from themselves is true. If your sister keeps fighting guardianship and is able to convince the judges that she does not need one, then you are really wasting your money and efforts going back to court to try to get her one. Since Susan's lawyer pushed the judge for this, I would suggest you now stay out of it and let her attorney handle it and not spend your good and hard earned money pushing for another guardianship that she is going to fight and get a judge to just deny you again.