I am in the process of taking guardianship of my mom with my father's approval. My brother will not sign the paper "acknowledgement of svc form" is this going to be a problem when submitting the papers to the courts?
You would be best served by speaking with an attorney familiar with the court rules for the jurisdiction in which you're seeking guardianship. Years ago there were alternate methods of serving someone. First effort was personal service, by a disinterested party. If you're trying to serve him, don't. That might complicate proper service.
Caveat: this is based on court rules as they existed in my jurisdiction, up to 40 years ago. More than likely there have been changes, but these were options then:
Usually a private process server would be used; sometimes, depending on the nature of the documents to be served, a law enforcement officer might serve. Certified or registered mail would be a higher step, and the last step would be publication in a legal newspaper (not a regular news media, but a specific legal newspaper) for people who generally couldn't be located. It's literally a legal advertisement that an individual is sought but whereabouts are unknown.
I'm sure there have been changes since I became familiar with service, and this is why an attorney would be best to provide guidelines. If service isn't proper, the hearing likely would not go forward.
However, if your brother has to sign some type of acknowledgement and refuses to do so, that's a different story, and one for which you really need legal advice.
Do you have a lawyer assisting you with the processing of the guardianship? I would talk to him/her to determine the best way to serve the papers to your brother. If your brother is objecting to you getting guardianship, that could hamper your efforts and someone who is not a member of the family might end up becoming your Mom's guardian. Talk to your brother ASAP and find out why he refuses to sign the papers. Maybe he doesn't understand what is going on and doesn't realize that your father approves you as guardian.
Does he have to sign the papers or do you just have to prove he was served them? If it’s the latter, maybe you could hire a process server or even a Sherrif’s deputy.
I would talk to the attorney. There are different ways that they can serve the papers and prove that notice of service was given. They do require that all siblings be served. Does your brother object to you being guardian for some reason, and was this discussed with him beforehand?
If your brother contests the guardianship, it will likely make for a more lengthy and complicated guardianship proceeding.
Caveat: this is based on court rules as they existed in my jurisdiction, up to 40 years ago. More than likely there have been changes, but these were options then:
Usually a private process server would be used; sometimes, depending on the nature of the documents to be served, a law enforcement officer might serve. Certified or registered mail would be a higher step, and the last step would be publication in a legal newspaper (not a regular news media, but a specific legal newspaper) for people who generally couldn't be located. It's literally a legal advertisement that an individual is sought but whereabouts are unknown.
I'm sure there have been changes since I became familiar with service, and this is why an attorney would be best to provide guidelines. If service isn't proper, the hearing likely would not go forward.
However, if your brother has to sign some type of acknowledgement and refuses to do so, that's a different story, and one for which you really need legal advice.
If your brother contests the guardianship, it will likely make for a more lengthy and complicated guardianship proceeding.