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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10484
Experience:  Experienced Family Law Attorney
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I live in sister lives in Wisconsin. I can't

Customer Question

I live in sister lives in Wisconsin. I can't afford an attorney. Problem: My brother lives next door to our older sister and started looking after her. She has developed dementia and my bother has filed legal documents to be Guardian of her estate. He is not petitioning for her care (only her money).
Under my brother's care she has slipped and injured her knee and then 2 weeks ago "fell off her chair and broke her femur." She is now in rehab. From the beginning he will not answer the phone if we call.
My question: since the court date for Guardianship is 2 weeks off, and the majority of the family do not want to see her return to their care..... can we step in and take over her care. We suspect neglect or abuse, or both. We also believe he is living in her home
JA: Since laws vary from place to place, what state is this in? And to clarify, can you tell me what paperwork has been filed?
Customer: Revised: since the court date for his filing for Guardianship is 2 weeks off.
JA: Have you talked to a laywer yet?
Customer: I talked with my sisters "court appointed" attorney but he tells me he can't give me any legal advice
JA: Anything else you want the lawyer to know before I connect you?
Customer: The state that my brother has filed is Wisconsin. It states: In the matter of Wanda Marie Staples (my sister). Petition for Permanent Guardianship Due to Incompetency. Filed in Burnett County in State of Wisconsin and gives her address
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 1 year ago.

I'm sorry to hear of your sister's declining health;

The person that would like to challenge the petition would need to file an objection and indicate their willingness to serve. The court will also evaluate the petitioner's ability to serve per the following statute;

 Proposed guardian unsuitable. If the court finds that the proposed guardian is unsuitable, the court shall request that a petition proposing a suitable guardian be filed, shall set a date for a hearing to be held within 30 days, and shall require the guardian ad litem to investigate the suitability of a new proposed guardian. -

Normally the guardian ad litem will make the challenge if they feel the petitioning party is unsuitable. -

please see page 13 here

Normally if a person petitions for guardianship of the person (versus the estate) they can also request guardianship of the estate. The proper jurisdiction is where the ward resides; then the case can be transferred to the guardian's county of residence, if the ward relocates there.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 1 year ago.

Hello; I hope the links above were useful.

Please let me know if you have any questions.

Thanks for using Just Answer!