If I become my husband's guardian, do I have the legal right to move him?

1 answer | Last updated: Sep 20, 2016
Aadcccjk1 asked...

My husband has a brain injury. and i am getting guardianship of him. He is staying with his father. When I become guardian,do I have the legal right to bring him home.


Expert Answers

Barbara Repa, a Caring.com senior editor, is an attorney, a journalist specializing in aging issues, and the author of Your Rights in the Workplace (Nolo), now in its 10th edition.

Generally speaking, there are at least two types of guardianships. One, a guardian of finances, allows a person to manage and spend another person's money, as long as it is spent for the owner's care and well-meaning and managed with his or her best interests as the prime control.

The other type, a guardianship of the person, generally allows a person to care for another"”again, with the guiding interest being that the decisions for that person's personal and medical care are all made with his or her best interests at heart.

Some types of guardianships are more complete"”and empower the person named to manage bother the other person's property and care.

If you have personal guardianship over your husband, make sure it allows you do make housing decisions for him based on his best interests. If his father or anyone else is likely to challenge your decisions, do some advance planning to show very specifically how you intend to meet his needs, such as arranging for adult daycare or meeting particular medical needs.