Galax, VA asked in Family Law and Elder Law for North Carolina

Q: Do you think it's doable for me to get guardian ship of my husband away from his brother and sister

I'm the one who took care of him when he was home his family never came around unless they wanted something and i have witnesses who can testify to that he's currently in a nursing home in NC and I am in the nursing home in Virginia I want him moved with me

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1 Lawyer Answer
Ethan A. Trice
Ethan A. Trice
  • Elder Law Lawyer
  • Hendersonville, NC
  • Licensed in North Carolina

A: I am not licensed in Virginia, but I am licensed in North Carolina and several other states and will answer based on how North Carolina operates. Realistically, you'll need an attorney in each state or an attorney licensed in both states to do this.

In general, transferring guardianship from one state to another is a difficult process (even for attorneys). The fact that you're presently in a nursing home/assisted living home makes it more difficult for *you* to become guardian and that may be why you were not appointed guardian in the first place. It's not exactly a legal presumption, but it's the norm for a spouse to be considered the best guardian for a person (barring some inability or unwillingness of said spouse). If the two of you have any children together, it may be a good idea to ask one of the children to attempt to become your husband's guardian.

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