Q: How do I stop a legal guardianship on an adult?
My brother was in a terrible motorcycle accident and is currently on a ventilator. He has never been married and has no children and lives byhimself. My sister is trying to get legal guardianship without the consent of myself and my other brother. How can I handle this?
A: Hi. It looks like you’re in Virginia so the law may differ from Michigan’s where I practice. However, generally, consent is not required from all interested parties. Yet, as an interested party, you do have the legal right to object to your sister’s appointment as guardian if you believe she is unsuitable. You can appear before the court at the guardianship hearing and make your objection and reasons for the objection clear to the judge. You can also submit written objections to the court prior to the hearing.
Ms Archie is correct, however from your narrative it DOES sound like your brother needs a guardian/conservator, and your sister, you or some other close relative would be the 'natural' choice.
You shouldn't think in terms of 'stopping' the guardianship, but making sure it is crafted to best suit the needs of your brother. If you go to court with 'this isn't appropriate' you're likely to be shot down quickly and your concerns won't be considered. Get some local legal advice in the County where your brother lives/is located to be sure this is done in a way that is in his best interest. YOUR needs and wants are secondary here! Look after your brother.
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