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Laura, you don't need your brother's consent to apply for guardianship - that's kind of the point of it, really, even, that you apply for guardianship because a person is no longer capable of managing decisions for himself.

Whether or not a court would agree that your brother is incompetent is a different issue. What do you think his main difficulties are? - what do you know about his mental and physical health?
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Your profile says your brother is hoarder. You can add strategic pressure to the situation by reporting his residence to the city as a hazard. They may come inspect it and require a clean-up or it will be condemned and then he'd have to leave anyway. Also, hoarding is a mental disorder and you can benefit by consulting with a therapist who specializes in hoarding to work out strategies to move your brother forward in this situation. What ever you do, do not attempt to clean up his home before talking to the specialist. If you attempt guardianship you will certainly need proof of his incapacity...so maybe a consult with an elder law attorney. I wish you all the best in helping your brother.
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They open a file, come, assess for safety of environment and mentation so as to prevent accidents, contaminated house, mentation, and etc. They can advise how to move forward and will have the contact number for services that may be needed. They can do followup, or have the city come to do followup checks. Some are much better than others, dependent on where you live and the circumstances.
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