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Posted Feb 7th, 2012
Can a sibling take guardianship of a physically impaired brother although he is married and the wife
is providing care for him?

Additional Details:
46 yr old male, traumatic brain injury, history of family abuse prior to accident. Accident
enhanced anger/anxiety issues. Baker Acted a month ago because he treatened family with a knife.
Wife and children afraid of him. Restraining order in effect through 3/20/12 at which time appear
before judge. Wife has husband in an assisted living facility but no contact due to restraining
order. Husband''s sister threated sister-in-law she would take legal guardianship of brother
so he could see the kids, regardless of R.O. Can she do that? Please advise. Desperate
situation.
Legal Topic Area: Guardianship and Conservatorship in FL

The following are my responses to your questions:

"Can a sibling take guardianship of a physically impaired brother although he is married and the wife is providing care for him?"

The sister can petition a court to have her brother deemed incapacitated and to have herself appointed guardian. However, she may not be aware that guardianship is a lengthy and expensive process. Additionally, there must be a finding by a three-person examining committee that the individual is incapacitated.

"...take legal guardianship of brother so he could see kids regardless of R.O. Can she do that?"

The sister cannot circumvent a restraining order by being appointed guardian of her brother. She will have to honor the restraining order in place.


Answered on Feb 7th, 2012 at 1:45pm