Dear Ms. Allison: My mother had a stroke, which triggered dementia. This is documented by her doctor and hospital records in Tulsa where she lived at the time. I want to apply for guardianship but there is an issue with venue, from what I understand. Mother lived here in Tulsa and all her banking is here. However, at my brother’s request, she moved to where she currently lives in a memory care unit in Edmond. My brother and I are unable to find any care directives or living wills for her health care choices so were told to go after guardianship to have authority to make those decisions. My brother doesn’t want guardianship, so, can I apply for guardianship in Tulsa county? DS Eastern OK

Dear DS:

It seems that you’re asking whether or not you can seek guardianship in Tulsa County (where you live) over your mother (who lives in Edmond). Unless somebody objects to that, you should be able to do it.

You said that your “brother doesn’t want guardianship”, so that leads me to think that he has no objection to you being named the guardian. However, if you meant that he objects to your mother having a guardian that is another matter. Also, if there are more siblings than just your brother and yourself and one of those might challenge a guardianship or your appointment as guardian, by all means contact me again.

These are not the same situation as I understood you to be asking. From the process for the application for Guardianship to Elder Care Mediation, either situation could require different advice to be sure you are doing the best you can for your mother.

To your success, Gale Allison, Attorney.

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