Dallas, NC asked in Family Law, Health Care Law and Probate for Georgia

Q: Can I have my brother declared mentally incompetent and ask for guardianship?

My brother has mental health issues that have become so severe he now believes his dreams are really happening and he also suffers from extreme paranoia. He refuses to seek any kind of mental help. He has not been a danger to himself, but he did abuse his ex wife. I don’t have any proof of that and she won’t testify about it for fear of losing her children. However he has told me about his dreams and paranoia. Since he won’t seek medical help for his mental health would he qualify as mentally incompetent so I can get him the care he needs? I live 5 hours away from him, but in the same state. He is in Valdosta, Ga and I am in North Georgia.

2 Lawyer Answers
P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • Probate Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: You can get an adult guardianship if you can prove that he cannot care for himself. Talk to local attorneys where he lives and discuss with them your chances of getting him declared incompetent and taking guardianship over him.

Homer P Jordan IV agrees with this answer

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague. You should reach out to an attorney in the area he lives in and explain the situation. The attorney can review the facts of the case and provide you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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