Q: I Need to dissolve guardianship of my adult sibling. He’s out of control and abusive and nothing I do is helping.
My 56 yr old brother is deaf, developmentally disabled and alcoholic and now using weed as well. He has become out of control and has become violent towards me. In the past year he has been evicted from his apartment, kicked out of a motel, kicked out of a homeless shelter and now staying in another motel where he has already been arrested. He has at least 5 arrests for disorderly conduct and trespassing. 3 restraining orders. I’ve tried to get help for him but our system is broken. I don’t want to see harm come to him but I can’t do this anymore. He called the police last week and told them I hit him although I hadn’t seen him in 3 days. My mental health and relationships have suffered. I want help for him but I have to protect myself. Any advice would be appreciated. I have proceeded to resign guardianship but it’s a long process. I need to know my rights. Thank you greatly to anyone who can advise me.
A: It should not be a long process. File a Petition to Terminate Guardianship and a Petition to Appoint the Office of State Guardian. If you are indigent, filing fees can be waived. OSG will normally take guardianship in indigent cases. If not indigent, find out from Circuit Clerk who your local guardian is and talk to that person. Serve him and OSG with both petitions. Get a court date and send notice, let OSG take it from there. Then the judge can appoint OSG and its easier and faster.
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