Brain tumor

[nsebastian]

My sister has a brain tumor and the DR says she is not capable of making decisions. 2 minor children. What do we need to file with the court to give guardianship to our mother and what do we need to file so she can make financial decisions and access bank accounts to pay bills?

 

[Gail_in_Georgia]

Where is the father/husband (if married) in all of this?

Gail

 

[jharris352]

You need to file for guardianship of your sister and temporary custody of her minor children. Include the Affidavit from the Doctor in the Petition. It might be best to have an attorney file this petition, it should not cost a whole lot unless you expect someone to contest it. A Judge will likely award you custody of the children after appointing a Guardian Ad Litem to poke around your house a bit to see if you are qualified to be their guardian. He/she will likely make you conservator of your sister's assets and guardian over her person. The ORDER will be what you use to gain access to her financial and medical matters. You will be responsible for the way you handle her assets if anyone with an interest ever challenges you. Be careful about selling anything or disposing of anything. Keep good records. Good luck.

 

[Duranie]

Mom though cannot automatically step over Dad. Dad's current involvement, or lack there of, is going to come into play as well. Dad has the right to petition for custody if mom is not capable of caring for the kids.

 

[jharris352]

This is true. I assumed Dad is not in the picture or there would be mention of him. That may not be a good assumption.