Can My Sister Be a Legal Guardian

If you are considering applying to a younger sibling in court for guardianship, talk to a lawyer first. Other states follow a “best interest” standard that allows your brother to disclose information if he determines it`s in your sister`s best interest. Again, consideration should only be what is in your sister`s best interest, not your parents` best interest. Legal guardianship is one of the options available to parents who plan to care for their children in their absence due to various situations such as illness or incarceration. It allows parents to designate a caregiver and give them certain legal rights with respect to custody of the child or children. In most cases, the legal rights of parents are not terminated and parents still play a role in their children`s lives. Guardians have custody of the children and the power to make decisions regarding protection, education, care, discipline, etc. In addition, guardianship can also be a permanent option for a child who has been placed in care outside the home, as it creates a legal relationship between a child and a caregiver that is intended to be permanent and autonomous and can provide a permanent family for the child without the need to terminate the parents` parental rights. The child is able to maintain family relationships while achieving the stability of a permanent home with a parent caring for the child. Child Welfare Information Gateway, a service of the Children`s Bureau, provides summaries of state laws on its website. See Kinship guardianship as a permanent option. The courts will take a holistic approach to assessing available options and determining who the child can live with. Siblings seeking guardianship must prove how their home provides the best possible life for a child.

This may include their ability to provide shelter, food, clothing, education, medical care, and stability. When an application is filed with the court, there will be a hearing to verify the safety and fitness of the potential guardian`s home. The hearing will also ensure that the future guardian understands the role they play under the responsibilities associated with guardianship. Although lawyers generally prefer that children maintain relationships with both parents, this is not always possible. In determining child care arrangements, judges seek to create life arrangements that achieve “the ultimate goal of promoting and encouraging the child`s happiness, safety, mental health and emotional development.” Some of the main factors that determine a child`s best interests include: If you are over 18 and your parents die or are no longer able to care for your younger siblings, you may want to seek guardianship so that you can take care of them yourself. To do this, you must file an application with the district court where your siblings live. If the court grants you permanent guardianship, it means that you have full legal responsibility for your siblings until they reach the age of 18. [1] X Research Source [2] X Research Source This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, reviews and evaluates the legal content of wikiHow to ensure rigour and accuracy. She received her JD from Indiana University`s Maurer School of Law in 2006. This article cites 7 references that can be found at the bottom of the page.

This article has been viewed 67,455 times. In most States, however, the guardian should fulfil the wishes of the person under guardianship, to the extent that those wishes can be determined. This is called a “substitute judgment.” If this is the standard used in your sister`s condition, it seems that your brother should not reveal any information to your parents. Government and community resources are available to help tutors cope with their duties and new role. While staff in the clerk`s office are helpful, it`s always best to hire a lawyer to fill out legal forms. TalkingParents recommends that potential and new guardians contact lawyers in their area to help them manage the guardianship process in their jurisdiction. There are legal ways to get custody of a sibling – here`s how. In most cases, siblings seeking custody must go to the court or the website of the county court where their siblings live.

They must file a petition to be appointed guardians of their siblings, as well as any other required forms. Custody is custody of a child, while guardianship refers to non-parental custody of a child. A guardian is a person who is not the parent, but who assumes responsibility for caring for that child. In British Columbia, the age of majority (the age at which you are legally an adult) is 19. When children are minors, their guardians are responsible for caring for and educating them. If you`re hoping to get guardianship for your siblings, it`s best to contact a lawyer and get advice on the laws in your area. Legal guardianship is granted by a court, such as the Family Court, in accordance with the laws of the State. For parents/guardians involved in guardianship cases, it may be useful to contact a lawyer and/or hire a lawyer working in the field of family law. If you need help finding a lawyer, the American Bar Association (ABA) website offers a variety of services to the public, including the Find Legal Help website, which includes recommendations from pro bono lawyers and links to court resources.