how to become a legal guardian for a sibling
"My daughter had questions about getting temporary custody of her 4 year old sister. The person who currently has legal custody of the child and the child, if 12 years of age or older, must receive a copy of the guardianship papers in person. Keep in mind that the ultimate standard is the best interests of the child. In other words, you can't ask a witness to tell the court what someone else said to them. My sister is an alcoholic and has panic attacks which keeps her mostly at home. To do so, you must file a petition with the court in the county where your sibling lives. If the person is too incapable to sign a power of attorney or an advanced directive (also know as a living will), they need a guardian. Because appeals can be complicated, you definitely want to consult an attorney if you don't already have one. Jennifer Mueller is an in-house legal expert at wikiHow. If you've made an outline, use it as a checklist to round up the documents you'll need. wikiHow is where trusted research and expert knowledge come together. Basically, you want something that will support any point you've made in your outline. • Research source Thanks to all authors for creating a page that has been read 40,070 times. The court should have a checklist of things you must do after you are awarded guardianship of your younger sibling. For example, perhaps your aunt opposes your guardianship. She and your uncle are well off, while you are just starting out in your career. If you're over the age of 18 and your parents die or become unable to care for your younger sibling, you may want to seek guardianship so that you can care for them yourself. We use cookies to make wikiHow great. The clerk should have a packet of all required forms, or you can download them from the court's website. Wondering if you can become your sibling's legal guardian? 3. This includes seeking the views of the child or young person, their family and their carer. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/b\/b5\/Apply-For-Small-Business-Grants-For-Women-Step-10.jpg\/v4-460px-Apply-For-Small-Business-Grants-For-Women-Step-10.jpg","bigUrl":"\/images\/thumb\/b\/b5\/Apply-For-Small-Business-Grants-For-Women-Step-10.jpg\/aid7876454-v4-728px-Apply-For-Small-Business-Grants-For-Women-Step-10.jpg","smallWidth":460,"smallHeight":345,"bigWidth":"728","bigHeight":"546","licensing":"
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\n<\/p><\/div>"}, and fantastic. In many courts, you will be given a document that lists the duties of a guardian, which you must read and sign to demonstrate your understanding. What is Guardianship? If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. he need not give you any money, nor need she, until there is a court order for either to do so. Guardianships can … There you can find a searchable directory of licensed attorneys in good standing who practice in your area. How do I become a legal guardian of a sibling? While you may not be able to find someone who specifically handles sibling guardianship cases, anyone who does could potentially help you in a more specific way. The process of having Louisiana guardianships can be complicated and can benefit from legal aid. As an adult, Brian will then have to petition the court to become his guardian and they both will have to go through the whole process again. If siblings are further down the preferred list, this means you typically must prove that everyone listed higher up on the list is either unavailable or incapable of serving as guardian. Through petitioning for guardianship with the assistance of a New York guardianship attorney, you can help your sibling … However, you can't serve the forms yourself. You also can access forms by contacting the court clerk. Seeking guardianship of a sibling is a fairly specialized case, so ask attorneys not only how many guardianship cases they've handled, but how many involved siblings. Guardianship is a court-created responsibility. X If you don't know any good attorneys who could help you, start your search on the website of your state or local bar association. you could file a petition in the probate court to become the guardian of a minor. • Guardianship is a legal relationship in which someone (the guardian) is authorized by the clerk of superior court to be substitute decision maker for an incompetent adult (the ward). Performance & security by Cloudflare, Please complete the security check to access. That does remove some of their legal rights as an adult, but in some cases it is necessary. Qualifying As Guardian If the probate court grants the petition, you must qualify your appointment by signing an Acceptance of Appointment to serve as Guardian. When you speak, whether to answer the judge's questions or make a statement on your own, you should address the judge. The guardian will have legal and physical custody and make all decisions regarding your child’s health and well-being. X INITIATING THE LEGAL PROCESS. Sibling Guardianship 101 The laws related to becoming a guardian vary from state to state, but one standard across all is age. Witnesses may include family friends, neighbors, or even your younger sibling's teacher or coach. When a court appoints you as someone’s legal guardian, that creates a fiduciary relationship between the two of you. Pay attention to what the opposing party asks, and look for holes or problems with the witness's story that you can exploit during cross examination. You also can hire a sheriff's deputy or private process serving company to hand-deliver the papers for you, or use certified mail with returned receipt requested. However, if your aunt were granted guardianship, your younger sibling would have to move to the other side of the country, leaving behind the only school and friends they've known in their life. This is a brief overview of Florida guardianship procedures , in order to give you a better idea of what is involved in a Florida guardianship proceeding. The judge may have questions for your witness as well. If your income and assets fall below a threshold level established by the court system, or if you are currently receiving public benefits, the court may waive any fees associated with your case. Cloudflare Ray ID: 603ad07bce683960 The first step is to prepare and file your petition, typically in probate court in the county of residence. Incompetence is determined in a court proceeding and means an adult is unable to manage his own affairs, or is unable to make important decisions. There are 29 references cited in this article, which can be found at the bottom of the page. In order to legally gain custody of a sibling you will need to petition the court to become their guardian. When you file your forms, you'll have to pay a filing fee, typically of around a hundred dollars – although in some courts it may be more. Guardianship, however, can be established without the Bureau’s involvement. Even if the opposing party presents evidence that they would be a better guardian than you would, the judge will still grant you guardianship if you can prove that it would be in the best interests of your younger sibling to do so. On the other hand, if the judge granted you guardianship, get copies of the order so you can distribute them to people and entities, such as your sibling's school, that will need to know that you now have legal responsibility for your sibling. If the judge decides not to grant you guardianship, you may be able to appeal that decision – but you have a limited period of time to do so. When this happens, it may become necessary to have a guardian make decisions for that person. If you want to file to be a legal guardian for your younger brother or sister, whether because your parents are unavailable or because your sibling is in need, contact the Law Offices of Bamieh and De Smeth today. The clerk will have copies of this form for you. Your sibling must typically be under age 18 or otherwise legally dependent, and you must be over age 18 or legally emancipated. Contact our Hillside guardianship attorneys at 708-449-7404 to schedule your free consultation. This article has been viewed 40,070 times. ). You may have additional documents if, for example, your younger sibling filed an affidavit consenting to your guardianship. They may provide you with the web address of the website, or you may have to make a trip to the clerk's office to pick up paper copies. Keep in mind that typically your forms must be completed in black ink on plain white paper. In many courts, the judge will simply ask questions if you don't have an attorney, rather than requiring you to organize your presentation yourself. Being listed in the bar association's directory doesn't mean you shouldn't do your own research on an attorney's background and experience, however. For example, suppose your parents are planning to spend two years in France, leaving your 16-year-old sibling behind to finish high school. My family is very concerned. By using our site, you agree to our. After you've finished questioning your witness – what is referred to as "direct examination" – any opposing parties will have the opportunity to ask them questions as well, through cross-examination. It’s a complex process that falls under the jurisdiction of state courts and requires the assistance of an attorney. In order for a guardian to be appointed, a petition must be filed in the court by an "interested person". Another way to prevent getting this page in the future is to use Privacy Pass. She lives on social services, but does not eat properly and I'm concerned she will not live long with her current lifestyle. The younger you are, the more difficult it may be for you to get guardianship of a younger sibling – especially if there is an older family member contesting your petition. A guardian is a surrogate decision-maker appointed by the court to make either personal and/or financial decisions for a minor or for an adult with mental or physical disabilities. If anyone filed any opposition to your petition, you'll need copies of that document, which should have been served on you. You may have the opportunity to ask your witness follow-up, or "redirect" questions after cross-examination, particularly if the other party has asked the witness something that you didn't cover in your direct examination. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. Technically, anyone over the age of 18 who isn't involved in the case in any way can serve the papers for you by hand-delivering them to the required parties. Other eligibility requirements include that you must be at least 18 years old, and you must have the financial ability to support your younger sibling. In addition to your court documents, you also should gather any documents you have, such as account statements or pay stubs, that support any statements you made in your petition or other forms. It can help to make an outline of what you want to say in court or the points that you want to make about being a guardian for your younger sibling. While nothing will be done until my daughter is 18, this article gave us great insight and info and she will now know how to proceed. She received her JD from Indiana University Maurer School of Law in 2006. If the court grants you permanent guardianship, it means you have full legal responsibility for your sibling until they turn 18. If you're filling out the forms by hand, print your answers legibly. For example, the California courts recommend making at least three copies, because the clerk will keep the originals and one copy for the court's records. If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. If you plan to call someone as a witness, meet with them at least once – if not several times – to go over questions you intend to ask them at the hearing. The forms tell the judge about you, anyone who wants to be a co-guardian with you, the person you want to be the guardian over, and why the guardianship is needed. Make sure you have copies of your proof of service forms as well as your petition and other notices you completed or filed. If this happens, a court of law may appoint a guardian for them. Take notes if an opposing party says anything to which you want to respond, but don't shout out or interrupt them during their presentation. Generally speaking, you need to be able to show the judge that you are financially responsible and capable of caring for your younger sibling. The most important distinction is that you can become a guardian of a child without affecting the custody rights of the … ", How to Get Guardianship of a Younger Sibling, http://family.findlaw.com/guardianship/how-to-establish-guardianship-of-a-child-faqs.html, http://children-laws.laws.com/legal-guardian/become-a-legal-guardian/process-of-becoming-a-legal-guardian, http://www.courts.ca.gov/documents/gc210.pdf, http://www.law.cuny.edu/academics/clinics/elder/Becoming-A-Guardian-Without-A-Lawyer.pdf, consider supporting our work with a contribution to wikiHow. This article was written by Jennifer Mueller, JD. You need to give yourself time to go through security and find the right courtroom. She is refusing treatment and just wants to be left alone. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. a family member or friend, doctor, etc. If the judge asks your witness a question, let the witness answer – don't interrupt or try to answer it for them. The petition is filed by whomever is requesting guardianship (i.e. The only thing the court will look at is what's in the child's best interests. In general, you do not have to have a lawyer. Filing for guardianship can be costly and time consuming. Your IP: 159.89.164.185 ... Ruby would become a ward of the state unless Jean wanted to become her legal guardian. This article has been viewed 40,070 times. Research source. Some people need help managing their daily affairs because of their age, a disease or an injury. References. Anyone wanting to become a guardian will go through a detailed review and assessment process. Any time you ask the court to act, you are at the court’s mercy and time schedule. Becoming a guardian is the best way to stop someone who is taking advantage of your sibling financially, even if they are using a power of attorney. When service is completed, the person who served the papers must complete the top of the proof of service form so you can file it with the court. In that example, the judge might decide it's in your sibling's best interests for you to get guardianship – provided you can show the strong ties your sibling has to their school, their friends, and their community, and how disastrous it would be to uproot them. Include your email address to get a message when this question is answered. .if not, go the the website of the lake county il court clerk. After filing your guardianship paperwork, a number of individuals must receive notice that you are asking the court to appoint you as the child’s guardian. 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