Q: How to obtain guardianship for boyfriend after brain injury against his grown children's likely opposition?
I have been caring for my boyfriend for over a year after he suffered a brain injury. Before his injury, he verbally expressed that he wanted me to make medical decisions for him, but we don't have it documented. His grown children likely oppose me having legal responsibility but have allowed me to care for him in my home during this time. No legal actions have been taken by his children yet, though we disagree on future care decisions for him. I'm currently facing challenges in decision-making due to not being his legal guardian. How can I obtain guardianship over him given this situation?
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A:
To obtain guardianship of your boyfriend, you would need to file a petition for guardianship in the chancery court in Mississippi. Since your boyfriend suffered a brain injury and is unable to make certain decisions for himself, you would need to demonstrate that he is legally incapacitated. This means showing that he is unable to handle his personal and medical decisions, and that you would be the best person to make those decisions for him.
Even if his grown children oppose you having guardianship, they would need to provide evidence of why they believe they should have control over his care. The court will consider factors such as his verbal wishes, the care you have provided, and his children’s concerns when determining who is the most appropriate guardian. If your boyfriend expressed a desire for you to make medical decisions, it may help your case, but having that documented would strengthen your argument.
Since there are disagreements on future care decisions, you may want to consult with an attorney who can help guide you through the guardianship process and address any legal challenges from his children. The attorney can also help you understand your rights and obligations as a potential guardian and ensure that your boyfriend's best interests are considered throughout the legal process.
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