What can we legally do about this?

Question

I'm not quite sure how to phrase this question but here goes. Unfortunately my grandmother passed away recently. She has been care taker of my brother since he was a kid. He is mentally handicapped but has never been declared incompetent. We never had him declared incompetent because he always chose to stay living with my grandmother. However, since her passing, he has chose to stay with my aunt & uncle. We fear this may have not been the right choice for him as my aunt & uncle do not like to work and will exploit him for his social security check. He receives over $1000 per month from ss. We have very little money ourselves. But my mother & I both feel it is better for my brother to live with someone else who can take care of him and not take advantage of him for his SS check. This is happening in Tucson Az. What can we legally do about this even though we ourselves don't have very much money to hire a lwayer.

Answer 1

wow man. im really sorry i cant help you sadly. you should try to find a cheap lawyer for this case. but thats a guess....... sorry.

Answer 2

First of all. Does your brother have a Representative Payee established by the Social Security Administration ? Most people who have a mental disability must have a representative payee because SSA thinks people who has mental impairments should have someone else handle their money. In fact, SSA encourages trustworthy family to help their disabled loved ones

You need to petition for Guardianship in a family court. A court can give you guardianship so that you have statutory authority to act on your brothers behalf. I'm not sure what Arizona law dictates for guardian ships. However, I live in Michigan. I have statutory guardianship over my mentally disabled sister. I have to choose where she lives, I have to approve or deny medical care for her, and oversee her general welfare, and I have to report to the court on her condition.

Lastly, You need to consult with an Arizona Attorney that specializes in guardian ships and conservators. Most Attorneys have free consultations. At least, It doesn't hurt to ask questions. You can see if there is any legal aid firms in your area. They may be able to help you if you don't have very much money

I hope this helps. If you have any more questions feel free to e-mail me