Guardianship/Conversatorship Over Adult Brother

My question involves guardianship in the State of: Florida

My brother suffered a stroke in December. He's 62. He is still on a ventilator/feeding tube but can corespond with family by blinking his eyes to yes/no questions. So he is cognitive. His live-in girlfriend of 30 years has decided that she does not like my niece (36 yrs) being medical proxy over my brother and making any/all decisions. My neice is there every day and does a wonderful job. The gf is there about 1 or 2 days out of 10. The gf has decided she wants to file for guardianship of my brother. Can us sisters or his mother fight this in court and take over the guardianship and not her? We are VERY concerned about my brothers well being and his personal belongings if the gf gets anything. My brother suffered a stroke on a Sat- the gf didn't get EMS help until Thursday when my brother had to be life-flighted out. It's a very disheartening situation.

Thank you.

Why haven't you all filed for guardianship/conservatorship?

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Quoting seniorjudge

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Why haven't you all filed for guardianship/conservatorship?

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So far the gf hadn't threatened to do anything. She only comes up to visit my brother (from Key West to Miami) about once every 10 days. She has mostly just been hot air. But now we are certain she's filing. She told my niece that since my niece had a felony in her past that there was no way the niece could get guardianship. Is that true? Do we have to go to the county of my brother's residence to file or can I file from the county I live in? Do I need an attorney to file or can we do this on our own. My sisters and I are completely happy with the care my niece and her husband are giving my brother. We feel since they are there everyday that's half the reason my brother has improved the small amount he has. And my brother is cognitive-he just can't talk. He can answer yes/no questions by blinking.

I appreciate all of your help! Thanks so much.

You have asked a lot of good questions.

My best advice is for you to hire a lawyer immediately.

I agree with that. Although normally, assuming no interstate issues, I would suggest that this is something that a family member can handle without a lawyer, when there's somebody else who's going to fight for guardianship it makes sense to get legal help.

Here's some information on guardianship in Florida.

Thank you both very much. One other question? I am in N. Fl, he's in S. Fl...can I hire an attorney here?

Generally speaking, you will want a lawyer close to the court where proceedings are held so you don't have to pay for travel time. Nothing's wrong with consulting a lawyer close to home, even if that's not the lawyer you end up hiring for court proceedings.

Okay. Thank you so much.

I'm sorry, one more question? The gf said she has 'begun' the proceedings and the courts will contact my niece? Is that true? Do the courts contact any of my brothers family? My niece and I are in the process of trying to contact an attorney that my brother had a few years ago. We are hoping to find him again.

Contact the court in the county where your brother is located, and ask if a case was initiated. If so, your niece should receive notice of the proceeding. (I'm assuming your brother is hospitalized in the same county where he lives; if not you may have to check both counties.)