Port Orange, FL asked in Family Law for Puerto Rico

Q: My father is incapacitated. Do we need to prove to the courts who he is before we seek guardianship

My father is 95 and we think he may have dementia. He can't take care of himself. He is living in an adult care facility. He doesn't remember his children. His wife just recently passed away. His children all live in the states. My oldest brother has decided to move to Puerto Rico to seek guardianship. My father does not have a birth certificate. We were told that without one, the courts my not give my brother guardianship. What are our legal options.

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1 Lawyer Answer
Nelson Jose Francisco Alvarez-Aponte
  • Carolina, PR
  • Licensed in Puerto Rico

A: Hello and thank you for using JUSTIA. You will need to hire an Attorney in Puerto Rico for the process of guardianship. There has to be a record of his birth registered somewhere since he has kids and had a wife so he does exist. Normally these birth certificate from 1920's can be found in the Church archives in the town where he was born. The lawyer you hire should be able to get these records.

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