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What to do if your sibling files for guardianship for your parent

Probably not a surprise, but not all brothers and sisters agree, nor do they all like each other. Unfortunately, there are situations where siblings absolutely hate each other, and likely do not talk to each other.

This can be an extremely bad situation when one of these siblings files for Guardianship regarding one of their parents.

When your sibling files papers through their attorney alleging your parent is incapacitated and needs a Court Appointed Guardian, you will have some difficult choices to make.

If you agree your parent is incapacitated, you can consent to the Petition to Determine Incapacity. However, you should not consent, or otherwise act until you consult with an experienced Guardianship Attorney to advise you what your rights are, and how to accomplish your goals regarding your parent.

Your Guardianship Attorney can discuss with you, if there are existing less restrictive alternatives to consider, that may avoid the establishment of a guardianship. An experienced Guardianship Attorney will discuss with you, if your parent has a Designation of Healthcare Surrogate, a Durable Power of Attorney, and a Living Trust, that these documents may avoid the necessity, in some circumstances, of establishing a guardianship.

If there are no existing Estate Planning Documents, and you agree your parent is incapacitated and needs a guardian, you will need to ask your Guardianship Attorney about your possible options. Some of those options will include who will be the Court Appointed Guardian. You will need to decide if you agree to your sibling being the Guardian, or you may want to have your Attorney file a Petition for you to be appointed Guardian. Another alternative is to have your Attorney prepare and file for a Professional Guardian to be appointed as guardian if you prefer not to be appointed guardian, and you do not want your sibling appointed Guardian.

You will certainly want to hire an experienced Guardianship Attorney to represent you at any Incapacity or Guardianship hearings, to make certain your concerns are properly placed before the Court. Be certain to inform your Attorney of all the witnesses you may need to testify to assist you in proving your arguments. Also, provide your Attorney all the documents you will need to verify your concerns about why your sibling should not be appointed the Guardian of your parent.

This is an extremely important situation that requires you to hire an experienced and knowledgeable Guardianship Attorney.

For more information about Guardianship or Probate Administration matters, be sure to visit my website here: http://www.AnnMarieGildenLaw.com.

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create any attorney client relationship.