Guardianship of an autistic adult

[NotGuardian]

Jurisdiction

Michigan

My oldest brother, H, is an autistic adult, and my parents are his legal guardians. He was physically, verbally, and emotionally abusive to me and my other brother, T, throughout our entire childhood. Both of us now suffer from PTSD because of that. Recently, my mom mentioned something about expecting me and T to take over guardianship of H if something happened to her and my dad. There's no way that can happen, right? I can't even be in the same room as H without having a panic attack. T has an infant daughter whom he would never allow to live with H due to H's abusive actions and some sexual comments he made to a 9-year-old female relative.

Also, if T and I are not expected to take over guardianship, what will happen to H? If it's really awful, my extended family will likely sever contact with me and T, as they're not aware of the extent of the abuse. We would like to maintain a relationship with our family, but neither of us can take care of H.

H was never reported to the police, and T and I have no proof he abused us.

 

[Betty3]

You & your other brother are not legally responsible for taking care of your autistic brother should something happen to both parents. There should be state programs that can be looked into. You will just have to explain to your extended family that for your own reasons you are unable to take care of your autistic brother & hope they understand. It's up to you how much information you want to give them re your reasons that you can't.

It would be best if you & your brother could let your parents know that you cannot take care of your other brother. That way maybe they could make/look into other arrangements while they are still living.

 

[army judge]

No adult is legally required to care for another adult. The only exception, some say is for a spouse. But, as we know, divorce or moving out can eliminate that burden.