What options are available for requesting guardianship over a parent with mental illness who is unable to care for themselves?

Asked 12 months ago - Wilmington, NC

Father - history of mental illness, hospitalizations. He is unmarried, recently living with his sister in MA. Since February has refused to take medication. Was arrested and Baker Acted in both FL and MA since February. Refusing medication, currently being held on judge order in MA. If he is released, he is a danger to himself and others. He was awarded a substantial amount of money in a disability claim ($25-$35K) which triggered an episode. I have 2 brothers and we want to explore guardianship options to protect him and his money and to secure him his own living arrangements. He is 63.

Attorney answers (2)

  1. Kenneth Love Jr.

    Contributor Level 18

    3

    Lawyers agree

    Answered . There is not much by way of options, you file for guardianship with the County Court where your father lives. You may want to get counsel from an elder law attorney to make sure things are done as smoothly as possible. You and your siblings will want to make sure you discuss who will take on the responsibility.

  2. Gilbert W. File IV

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Yes, I agree that this usually involves a guardianship proceeding where you allege your father's functional incompetence and need for a legal guardian to manage his property/assets, and also his health care decisions since he has apparently refused to take meds resulting in involuntary commitment.

    Normally, you would want to retain an experienced guardianship or elder law attorney in the jurisdiction where your father resides.

    I am admitted to practice law in the State of North Carolina only. This response is provided for general... more

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