My 20 year old sister was in an automobile realted accident. She suffered severe brain damage, and is now on a slow road to recovery. Is there any way I can gain guardianship of her?
If your sister is unable to handle her affairs and a doctor agrees, you can petition the court for guardianship. You will not be able to do this yourself. You will need an attorney.
The answer is based on the limited facts provided and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting me, by itself, does not create an attorney-client relationship.
Yes, I agree with Attorney Landay. Someone should be looking out for your sister's best interests. If your sister is now not competent and you are the closest relative willing to make sure that she is protected in her everyday affairs, medical needs and legal matters, they you should speak with an attorney who comes recommended for handling guardianship proceedings.
It is always best to speak in detail with an attorney when seeking answers to legal questions. You should not depend upon an answer to a legal question that is only based upon your initial inquiry which may not contain all of the facts necessary for one to make an informed opinion. I suggest contacting someone local to your area in order to go over more of the specifics related to your situation.
Under Pennsylvania Law, you need to Petition the Court to have your sister declared "incompetent", due to the injuries suffered in the collision. In the same Petition, you can ask to be appointed Guardian of your sister. You will need to attach copies of medical records to the Petition to show the Court that your sister is unable to handle her own affairs. You really need an attorney to prepare and file the Petition for Incompetency and Appointment of a Guardian.
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