How to I go about getting custody of my brother if he just suffered a severe brain injury?

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How to I go about getting custody of my brother if he just suffered a severe brain injury?

My brother is 20 years old and my mom is trying to take control and make all the decisions, however she is unable to even take care of herself. I am 24 years old and want to gain custody of my brother until it is determined that he can make choices on his own again. He is still in the hospital.

Asked on January 22, 2013 under Family Law, Minnesota

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for the situation.  What you need to do is to file a Petition to be appointed as the Guardian and Conservator of your brother and his estate (fancy word for belongings).  The basis is his incapacity to act on his own behalf.  You are going to have to show that you are a better choice than your Mother.  I would get legal help but in the meantime I am going to give you a link to the Minnesota court system's manual on the matter.  It will get you started.  Good luck.

http://www.mncourts.gov/forms/public/forms/Guardianship__Conservatorship/Guardianship_Manual/GAC101.pdf


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