How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35042
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Type Your Law Question Here...
Clare is online now

My brother who is 57 is Retarded (oxygen starved at birth via

This answer was rated:

My brother who is 57 is Retarded (oxygen starved at birth via umbilical cord around his neck). Although he leads as normal a life as possible my mother was alway regarded as his guardian for any legal forms etc.. Since my mothers death a year ago, My sister and i would like to take on the Guardians role for him, partially to prevent outside interference from other more distant family members who seem to want to interfere whenever possible. A) can we do this? and B) how do we go about doing it?
Thank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow much mental capacity does your brother have?
Customer: replied 1 year ago.
Hi Clare Thanks for your help with this.I'd say he had the intellectual capacity of an early teen, he has the ability to make simple decisions but not complex ones. He can decide what he's going to do with his time. He is unable to identify problems ie doesn't see any problems in say going through an airport! he'd treat it like jumping on a bus and ignore the seriousness of customs control and immigration control. He can read and write but if you put a set of terms and conditions in front of him, he could probably read the prose word by word but not understand any of what the sentences meant.Also if he has to go to Doctor's or to the D.S.S. - My Sister goes with him because he has a fear of people, who he sees, are in authority and wouldn't be able to answer their questions. Whilst with a doctor or someone in authority he wouldn't like to say he didn't understand something and would agree to anything that was suggested.Hope this helps to build a picture of him.Many ThanksNick
Thank you it does.The question is whether or not he has sufficient capacity to sign a Power of Attorney or not.From what you have said I would suspect not - a solicitor will need to be certain that he understood the implications of what he is signing.That being the case you will have to apply to be appointed as his Deputies.There is more information here hope that this is of assistance - please ask if you need further details
Clare and other Law Specialists are ready to help you