What rights do my parents and I and my siblings have in the care of my brother who has traumatic brain injury from an accident?

Asked over 2 years ago - Elkhorn, NE

My brother was talking divorce before his accident. He lived in Iowa and since the accident he has been moved to Illinois for care. He is 12 hours from my parents and any family or friends. His "wife" will not allow us access to any health information for him and has told the center not to talk to us. She does not want him to return to his home and says she is not capable of caring for him and does not want to at all. There are two family members who would like to care for him in their homes but his "wife" will not discuss the situation with the family at all and says it is her decision where he will go. My brother is 65 yrs old and my parents are in their late 80's so this is very hard on us all. My brother just keeps asking to please go home. Please advise...

Attorney answers (3)

  1. Brendan Michael Kelly

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . If no papers then no divorce. You will need to file for a guardianship for him with someone who will agree to take care of him. Doubtful your opinion will win over the wife's.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . This question was posted in the brain injury section. You did not post how the accident happened, and whether your family needs a lawyer to go after the person responsible for this accident.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  3. D. Richard White

    Contributor Level 4

    Answered . Any time a person suffers a traumatic brain injury the primary question becomes whether the person is still able to care for themselves and take care of their usual business affairs. If the person is unable to care for themselves then someone needs to file a petition to be named as the guardian of the injured person. If they are unable to take care of their business affairs then a petition for a conservator needs to be filed. If the injured person is married then their spouse becomes both their guardian and conservator without the need to file any legal papers since by marriage the spouse is vested with the duty to provide for their spouse. However if there is a family member that questions the adequacy of the care provided then that family member can file the appropriate petition(s) with the court.

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