Can I obtain guardianship of my 91-year-old father who is receiving inadequate care from his live-in 55-year-old son?
Question Details:My 91-year-old father lives in his own home with my 55-year-old brother in what can best be described as squalor; not less than nine cats in the home, that my Dad does not like but doesn't have the heart to force my brother to be rid of. The home is infested with fleas, full of unwashed dishes, partialy eaten food and piles and piles of stuff. Can I force guardianship of my father, and have deadbeat brother removed from the house?
Yes. Your father must be evaluated by a psychologist or phsychiatrist and the diagnosis of the doctor must be supplied to the court with the petition. I may be able to assist you. Please call me at John R. Tatone 586-868-5100
It's possible, if your father meets the legal definition of someone no longer capable of managing his own affairs, which is the primary requirement for a court to put someone under guardianship. Your father's age is a good start on that, and the fact that he is enduring these conditions without an effective resistance on his part will help, and the worse the details of the situation can be made to look (for example, if your father turns out to have multiple flea bites, or other specific consequences of deadbeat's neglect), the better your case. You need a lawyer for this.
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