How do I get legal guardianship from my mother of my adult brother who has a disability if she is unfit to care for him?

UPDATED: Oct 19, 2012

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How do I get legal guardianship from my mother of my adult brother who has a disability if she is unfit to care for him?

I’m 28 years old; my brother is 26. He does work and his money goes into her account. She uses his money and he has no access to it. He walks around with holes in his clothes and she doesn’t buy him clothes or shoes unless I threat to report her. She doesn’t take him to doctor until he is in excruciating pain. She has opened credit cards without him knowing and he has bad credit now. He wants to kill himself and wants to leave the household and live with me but she brainwashes him saying he can’t leave. There is way more and this is not normal and I’d like to know If I can take guardianship from her?

Asked on October 19, 2012 under Family Law, Washington


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You sound like a wonderful sister and he is lucky to have you.  Has your Mother been appointed as his guardian and conservator of his estate ( that means his money and belongings) by the court?  If yes then she has a fiduciary duty that the courts take very, very seriously.  You can go to court and petition to have her removed and you appointed in her place.    It can be expensive and time consuming but check with legal aid or legal services.  If he receives aid and is under the care of social services they may be able to help him and you by prosecuting the matter against her.  Good luck.

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