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legalgems, Lawyer
Category: Legal
Satisfied Customers: 9908
Experience:  Just Answer consultant at Self employed
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I need advise on family matters, can some one help?

Customer Question

i need advise on family matters, can some one help?
Submitted: 1 year ago.
Category: Legal
Expert:  legalgems replied 1 year ago.
What is the specific question please?
Customer: replied 1 year ago.
My wife family is trying to get guardianship over her. She is living with them at the moment because I allowed it to be that way. But now they are messing with her mental health. I'm receiving messages from her that she want to die because she can't stand being in that house anymore.
Expert:  legalgems replied 1 year ago.
I am sorry to hear this;first a guardianship of an adult will not be allowed unless the adult is mentally incapacitated; mere allegations are not sufficient. Rather, once the petition is filed, there will be a 3 person panel composed of a physician, psychologist and social worker to examine the prospective ward (the "respondent"). Then, once the report is finalized, the court will hold a hearing. Any person can petition for guardianship of another; however, a spouse has standing to object.Relevant statutes here: This explains the process: Also it is the judge who determines who should be the legal guardian, should that prove to be necessary. If the adult is disabled and one fears emotional/physical abuse based on the current living arrangement, they can contact social services so that a social worker can be sent out to investigate the situation. Also, absent a living will, power of attorney or other legal proceeding, one's spouse is the one who is authorized to make medical decisions since they are next of kin, (as opposed to one's parents, siblings etc) Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). 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.
Checking in before the question closes to see how things are going?thanks!