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FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 1472
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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I am a resident of Mississippi. I have a sister who has been

Customer Question

Hi I am a resident of Mississippi. I have a sister who has been diagnosed with Dementia and is an alcoholic and diabetic. Her husband also an alcoholic is disconnected from her uninterested in getting involved with any medical treatment or care for her. Is there any legal recourse for this?
JA: Has anything been filed or reported?
Customer: There has been a domestic abuse charge against him in the past and he also has a felony conviction in the state of GA for 3rd offense DUI
JA: What state is this in? And can you tell me a little more about the charge?
Customer: I am not sure he will not reveal much. Other than the time was served in a state prison in Georgia
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am afraid for my sister's life. Her home is in her name only which she inherited from her previous husband who died from cancer. The current husband has no ownership in the home or property
Submitted: 10 months ago.
Category: Family Law
Expert:  FamilyAttorney replied 10 months ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, and other types of law. I look forward to helping you today.

Please note:This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also – I will be typing my answer for you so I’ll be back in a few minutes.

Thank you for asking about your sister. That's a great thing that you're doing. Something can be done about this situation and I'm really sorry she is going through this. Is this in GA?

Customer: replied 10 months ago.
No my sister and her husband are residents in Mississippi. He did however serve a prison term in state of Georgia for felony DUI
Expert:  FamilyAttorney replied 10 months ago.

Oh ok, because GA was the only state listed here. Thank you.

Expert:  FamilyAttorney replied 10 months ago.

Are you in Mississippi also?

Expert:  FamilyAttorney replied 10 months ago.

Oh sorry -- I see that you are. Thnx

Customer: replied 10 months ago.
Sorry I was unclear as you can imagine this is an emotional situation as well as a real potential for irreparable harm to my sister's health.
Expert:  FamilyAttorney replied 10 months ago.

In your state, you can have a guardian and a conservator appointed for your sister through a court procedure. It can be you or it can be another person or people.

A guardian takes care of an adult who is incapacitated and cannot make decisions on her own.

Yes, of course. I understand.

You actually were clear --I missed your statement at the beginning.

A conservator is appointed to take care of that person's financial affairs.

It sounds like she can use both here. The guardian and the conservator can be one and the same person but they can also be two separate people.

Customer: replied 10 months ago.
Would this allow me to have the husband removed from her home since he has no ownership in the home. I do understand in the state of Mississippi that a husband does have some castle rights due to the marriage being over 10 years in length. I cannot begin to start the process of getting her sober and selecting a care facility for her with him in the home while he is drinking. He disconnect and non-cooperation in her medical treatment borders on criminal neglect
Expert:  FamilyAttorney replied 10 months ago.

It is a court proceeding, it can be done in most states, including yours. It's probably the best way to take care of your sister now. This way, someone can make decisions for her, her medical decisions, and the proof is that she is unable to take care of herself.

The same with the conservatorship. The proof is that she is unable to make financial decisions for herself, and I'd especially worry about her husband too. Sounds like he's someone who is making her life more difficult. I am really sorry about that situation.

You can start a proceeding for a guardian and a conservator. It doesn't have to be you if you don't want to get entangled with the husband. You can ask that someone else be appointed.

You'll want to use a family lawyer for this but it can be done and is probably one of the nicest things you can do to protect your sister.

If you need names of lawyers in your area, just let me know. Can you do this yourself? Probably, but you're going to need some help with forms and if you are willing to look online for forms and also talk to the court clerk, you can do this yourself. I don't necessarily recommend it, but it can be done this way. It's up to you -- if you're able to do this with an attorney, that's great. If there's nobody else who can file this, then you should be the one filing, but you can still ask for someone else to be appointed.

Expert:  FamilyAttorney replied 10 months ago.

It's so sad. I can imagine. I'm not a youngster-- I've been practicing law for 36 years so I do understand.

If it comes to the point where the guardian feels that the husband is hurting her, then there can be proceedings to get him removed such as getting a restraining order, etc. That is another procedure but it can be done. Not all of the proceedings take a long time. The restraining order, if it needs to be done, can be done quickly with the right proof.

Expert:  FamilyAttorney replied 10 months ago.

Just let me know if you want names of lawyers and I'll be happy to send some names in your area. I would need to know the largest city in the area so I can find enough family lawyers.

You can think about this for yourself or if you want to have someone else appointed to do this. It would be a disinterested third party who would have the duty to take care of your sister, and one can have the duty to take care of her financially.

Does this answer your question?

Expert:  FamilyAttorney replied 10 months ago.

Please let me know if you have any more questions as I am happy to answer them.

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Feel free to come back here for a follow-up question based on this one.
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Thanks for letting me help you tonight!

Expert:  FamilyAttorney replied 10 months ago.

YOU don't have to do this. You can have someone else file or you can file and ASK for someone else so that you're not directly involved with your brother in law. If that makes you feel better, you can ask for someone else to be the guardian and a court will appoint someone else. This way you're not going head to head with your brother in law. Do you need more information or does this answer your question?

Expert:  FamilyAttorney replied 10 months ago.

Does this sound like this would work for your sister? When you told me the facts of your case, this is the first thing I thought of, and it's really the best thing for this type of situation. She needs someone or two people to take care of her, her finances and her other personal decisions.

Expert:  FamilyAttorney replied 10 months ago.

PLEASE feel free to ask me anything. I am more than happy to help you, and I can help you through this if you'd like. I want you to know there is someone here who is willing to help you.

You can file follow-up questions here at any time after I'm rated, and the follow-ups are free of charge.

Please know that I'm looking out for your interests and I'll be happy to help you. Thank you in advance for rating me!

Expert:  FamilyAttorney replied 10 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Thanks!