Mobile, AL asked in Elder Law for Alabama

Q: What rights do siblings have when their single sibling is unable to care for himself and lives in an unsafe environment?

My brother has end stage renal failure and won't take his medicines. His home is littered with cat feces, medical waste, and dirty clothes and dishes. Can he be declared incompetent? He goes to dialysis, but leaves before treatment is completed.

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1 Lawyer Answer
William E. Scully Jr.
William E. Scully Jr.
Answered
  • Daphne, AL
  • Licensed in Alabama

A: This doesn't sound like a case where you can have your brother declared incompetent. Even if declared incompetent, he would be released from the psychiatric facility in short order. There is not a good legal solution to this situation. In today's world, the best you can do is to try to handle this in the family. Go to your brother's house to help him keep it clean, help him to take his meds, etc. In times gone by, a court could have committed your brother, perhaps. But there are no long-term facilities in which he can be housed involuntarily.

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