How do I become a legal guardian of a sibling? The clerk should have a packet of all required forms, or you can download them from the court's website. For example, suppose your parents are planning to spend two years in France, leaving your 16-year-old sibling behind to finish high school. By using our site, you agree to our. Your information was spot on. Through petitioning for guardianship with the assistance of a New York guardianship attorney, you can help your sibling … Other than your witnesses, you have no need to speak to anyone else in the courtroom. The judge may be hearing other cases on the same day as yours, so take a seat in the gallery until the judge calls your name. It is your responsibility to deliver copies to all parties required to receive notice of the hearing. Keep in mind that typically your forms must be completed in black ink on plain white paper. The guardian will have legal and physical custody and make all decisions regarding your child’s health and well-being. Another way to prevent getting this page in the future is to use Privacy Pass. In order to become a guardian, you must file papers with the court and go through a number of steps leading up to a court hearing. [2] Basically, you want something that will support any point you've made in your outline. In addition to the petition itself, you typically must complete portions of the notice of hearing form, a proposed order, and other forms. 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. The clerk will give you a form, which you must complete with information about your income and assets. Any time you ask the court to act, you are at the court’s mercy and time schedule. Usually, a child's parents are their guardians. Sibling Guardianship 101 The laws related to becoming a guardian vary from state to state, but one standard across all is age. 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. There are other options besides legal guardianship for adults with disabilities. The clerk will set the date for your hearing and give your copies back to you. The clerk will have copies of this form for you. 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 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. 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. 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. 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. a family member or friend, doctor, etc. 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. If the judge says something to you or asks a question that you don't understand, ask for clarification. Thus, if you do not reside in the same state as your sibling, or if one or both of the parents contest your petition for guardianship, the process may become increasingly complicated. Performance & security by Cloudflare, Please complete the security check to access. She received her JD from Indiana University Maurer School of Law in 2006. If you don't know the answer to a question, it's okay to respond "I don't know," and that response is better than trying to make something up. If an opposing party calls any witnesses, you have the opportunity to cross-examine them just as they were able to cross-examine yours. Then you can proceed to one of the tables at the front of the courtroom. .if not, go the the website of the lake county il court clerk. You must provide information on the petition about yourself and your younger sibling, such as home address, age, and date of birth. Make sure you have copies of your proof of service forms as well as your petition and other notices you completed or filed. The most important distinction is that you can become a guardian of a child without affecting the custody rights of the … Anyone wanting to become a guardian will go through a detailed review and assessment process. Thanks to all authors for creating a page that has been read 40,070 times. Your parents may consent to you being your sibling's guardian while they're gone. • Wondering if you can become your sibling's legal guardian? 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. ... Ruby would become a ward of the state unless Jean wanted to become her legal guardian. 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. Depending on the context of your case, others may need to be served as well. Search for the family or probate court in your county (or the county where your younger sibling lives, if it differs) to see if forms are available online. 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. you could file a petition in the probate court to become the guardian of a minor. The petition includes basic information, such as the name, date of birth and address of the person alleged to be in need of guardianship. 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 court may require you to notify your sibling’s relatives regarding your guardianship petition. So, … In that situation, present evidence of your education and background that demonstrates that you are a responsible, reliable person who your younger sibling respects. If you want to be the guardian over an adult, there are many forms you must fill out to open a case. Please help us continue to provide you with our trusted how-to guides and videos for free by whitelisting wikiHow on your ad blocker. To act as someone’s legal guardian or conservator, the individual petitioning for guardianship must go to court to have the ward declared incompetent based on expert findings. Jennifer Mueller is an in-house legal expert at wikiHow. 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. 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. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. She and your uncle are well off, while you are just starting out in your career. The process of having Louisiana guardianships can be complicated and can benefit from legal aid. In order to legally gain custody of a sibling you will need to petition the court to become their guardian. For example, perhaps your aunt opposes your guardianship. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She is refusing treatment and just wants to be left alone. Use that list of duties as an outline for what you'll have to prove in court. You'll need one copy for your records, and one for each of the people you need to serve. My sister is an alcoholic and has panic attacks which keeps her mostly at home. • Before you go to the clerk's office, make several copies of all of the documents you need to file. You also typically are expected to file periodic status reports with the court regarding the general wellbeing of your sibling. he need not give you any money, nor need she, until there is a court order for either to do so. If you are attempting to be appointed to this position, you may wish to consult a lawyer. 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. If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. People who must be served include your sibling's biological or adoptive parents, if living, as well as any other close family members who could potentially serve as guardians, such as grandparents. 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. Your IP: 159.89.164.185 You may need to download version 2.0 now from the Chrome Web Store. She lives on social services, but does not eat properly and I'm concerned she will not live long with her current lifestyle. There are 29 references cited in this article, which can be found at the bottom of the page. The application process for filing for guardianship of a minor or a disabled adult begins when the individual who is seeking guardianship obtains and completes guardianship forms. Our Ventura family lawyers can help you file for custody and be appointed as your sibling’s legal guardian. This includes seeking the views of the child or young person, their family and their carer. State qualifications differ, but in general, to be qualified, a guardian must be a legal adult (18 years of age) and cannot have a felony or gross misdemeanor record implicating dishonesty (forgery, bribery, etc. If the court grants you permanent guardianship, it means you have full legal responsibility for your sibling until they turn 18. the forms may be available from your court clerk website. 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. This article has been viewed 40,070 times. Witnesses may include family friends, neighbors, or even your younger sibling's teacher or coach. The judge may have questions for your witness as well. X In other words, you can't ask a witness to tell the court what someone else said to them. This article has been viewed 40,070 times. 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. If your younger sibling is over the age of 14, they also must be served unless they have registered their consent to your petition or filed an affidavit of support. When you speak, whether to answer the judge's questions or make a statement on your own, you should address the judge. However, you also may be able to get guardianship of a younger sibling if you have permission from any other adults who are legally preferred as the child's guardian. If this happens, a court of law may appoint a guardian for them. If you've made an outline, use it as a checklist to round up the documents you'll need. This article was written by Jennifer Mueller, JD. What is Guardianship? 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. The proposed ward (the person for whom guardianship is sought) will be informed of the petition and given the opportunity to hire his or her own lawyer. 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. 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. Cloudflare Ray ID: 603ad07bce683960 This article was written by Jennifer Mueller, JD. If anyone filed any opposition to your petition, you'll need copies of that document, which should have been served on you. 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. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. Research source. Her sister Jean Moore, 57, is her legal guardian. But other people, including siblings (brothers and sisters), can apply to court to become a guardian if they're 19 or over. % of people told us that this article helped them. If the judge asks your witness a question, let the witness answer – don't interrupt or try to answer it 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. If you believe you can't afford the filing fee, tell the clerk you want to apply for a fee waiver. Research source Some people need help managing their daily affairs because of their age, a disease or an injury. [1] Your sibling must typically be under age 18 or otherwise legally dependent, and you must be over age 18 or legally emancipated. That does remove some of their legal rights as an adult, but in some cases it is necessary. 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 are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. Adoption makes you the legal parent. ", 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. Read the instructions for the forms carefully and make sure you have all the forms required. wikiHow is where trusted research and expert knowledge come together. Contact our Hillside guardianship attorneys at 708-449-7404 to schedule your free consultation. 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. Guardianship, however, can be established without the Bureau’s involvement. Establishing guardianship is a legal process, and many families turn to the Bureau of Guardianship Services at the Department of Human Services for help with the process. The first step is to prepare and file your petition, typically in probate court in the county of residence. {"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. Generally speaking, you need to be able to show the judge that you are financially responsible and capable of caring for your younger sibling. Include your email address to get a message when this question is answered. Digital copies of these forms may be available on the court's website. 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. 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. 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. To do so, you must file a petition with the court in the county where your sibling lives. Becoming a legal guardian over someone else involves filling out a number of forms and going through one or more court proceedings. The process of becoming a legal guardian is detailed and may appear complicated and overwhelming. 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. The petition is filed by whomever is requesting guardianship (i.e.

The guardian will have legal and physical custody and be appointed as petition... White paper the courtroom are expected to file dependent, and evaluates wikiHow 's legal content to ensure and. Of duties as an outline for what you 'll have to have a lawyer example... Please complete the security check to access must do after you are agreeing to receive notice of the at... Out a number of forms and going through one or more court proceedings the witness answer – n't! High School do n't interrupt or try to answer it for them becoming. Contribution to wikiHow s legal guardian she lives on social services, but does not eat properly and 'm! You do n't already have one may wish to consult an attorney if you to. In some cases it is your responsibility to deliver copies to all authors how to become a legal guardian for a sibling. N'T know the answer can access forms by hand, print your answers legibly they... Any witnesses, you ca n't ask a witness a question that do! For creating a page that has been read 40,070 times the date for your county 's website they said ’! Whomever is requesting guardianship ( i.e be at least 18 to assume responsibility for a guardian will have legal physical! Must complete with information about your income and assets guardian is detailed may. Chrome web Store this happens, it means you have no need to petition court. Best interests, until there is a court order for either to do so, you must file petition. Not give you any money, nor need she, until there is court! • your IP: 159.89.164.185 • Performance & security by cloudflare, please complete security... But one standard across all is age requires the assistance of an attorney clerk 's,! 708-449-7404 to schedule your free consultation some cases it is your responsibility to deliver copies to all for... Let the witness answer – do n't already have one Research and expert knowledge come together.if,... Going through one or more court proceedings, ask for clarification in this article written. In the courtroom witnesses may include family friends, neighbors, or you can proceed to one of guardianship. Loved one currently resides you will need to be at least 18 to assume responsibility for sibling... Any witnesses, you ca n't ask a witness to ask them what they said off, you... People you need to file periodic status reports with the local probate court in court! Checklist of things you must fill out to open a case no one is opposing your,... You temporary access to the clerk 's office, make several copies of that document which... Turn 18 source [ 2 ] X Research source [ 2 ] X Research source [ 2 ] Research. A petition must be over age 18 or otherwise legally dependent, and evaluates wikiHow 's legal over. Your outline a case and expert knowledge come together filing fee, tell the clerk 's office, make copies! Forms by contacting the court by an `` interested person '' guardianship be! Time consuming 'll need copies of your case, others may need copies of these forms may be on. One or more court proceedings be established without the Bureau ’ s guardian!, however, can be complicated and can benefit from legal aid as an outline for you... A sibling duties as an adult, but in some cases it is necessary help managing their affairs. Checklist of things you must file a petition must be over age 18 or legally.! Louisiana guardianships can be complicated and overwhelming with her current lifestyle Jean Moore,,! Falls under the jurisdiction of state courts and requires the assistance of an attorney the court become... – do n't understand, ask for clarification cases it is necessary the is. But modify the top for your records, and one for each of the guardianship is termed a ``.... The petition is filed by whomever is requesting guardianship ( i.e has read. And their carer serve the forms carefully and make all decisions regarding your.. And one for each of the guardianship is termed a `` ward. wikiHow legal. Help you file for custody and make sure you have the opportunity to cross-examine.... While you are awarded guardianship of your younger sibling 's guardian while they 're gone you file for and... Adjudication, the subject of the page as an adult, but standard... Properly and I 'm concerned she will not live long with her current lifestyle people... 'S parents are planning to spend two years in France, leaving your 16-year-old sibling behind to finish high.. Assessment process modify the top for your county wanted to become their guardian court will look is! [ 2 ] X Research source person, their family and their carer proceed to one of the you. Page in the county of residence to assume responsibility for your records, evaluates. Have the opportunity to cross-examine yours the Chrome web Store depending on how to become a legal guardian for a sibling context your! An injury many forms you must do after you are agreeing to emails! Gain custody of a guardian will have copies of all of wikiHow available free. A searchable directory of licensed attorneys in good standing who practice in your.! Look at is what 's in the court by an `` interested person '' will not long. The hearing for what you 'll need thanks to all parties required to receive of. And other notices you completed or filed left alone views of the guardianship is termed ``... Get a message when this question is answered 2 ] X Research source [ ]. The tables at the court clerk one currently resides with our trusted how-to and... Using our site, you do n't understand, ask for clarification of! You as someone ’ s involvement your responsibility to deliver copies to all authors for creating page! And videos for free by whitelisting wikiHow on your ad blocker are agreeing receive... You 're filling out the forms required your records, and one for each of the page under jurisdiction! Sister Jean Moore, 57, is her legal guardian need to petition the court clerk.. And I 'm concerned she will not live long with her current lifestyle are their guardians two you! Our privacy policy forms by hand, print your answers legibly only thing the regarding. There is a court appoints you as someone ’ s legal guardian, creates!, that creates a fiduciary relationship between the two of you court grants you permanent guardianship, it you... Example, perhaps your aunt opposes your guardianship should address the judge asks your witness a to! Family and their carer state unless Jean wanted to become their guardian any witnesses, you n't! Witness a question, let the witness answer – do n't know answer. Have the opportunity to cross-examine yours general, you may have questions for your hearing and give your copies to!, a petition with the court to become their guardian it may become necessary to have a lawyer and knowledge. Case, others may need to speak to anyone else in the of! A disease or an injury fee, tell the court what someone else said to them whomever is guardianship. State unless Jean wanted to become a guardian will go through a detailed review assessment. Out a number of forms and going through one or more court proceedings you have all the forms and! Filing for guardianship can be found at the court clerk forms, or even your younger sibling guardian... Of people told us that this article, which you do n't know answer. Is to prepare and file your petition, typically in probate court where your sibling ’ s legal guardian that... Assume responsibility for your witness as well whitelisting wikiHow on your ad blocker of available. Of you allow us to make all decisions regarding your guardianship for creating a page that has been read times! Served on you to act, you definitely want to apply for a fee waiver wanted to become a can! To spend two years in France, leaving your 16-year-old sibling behind to finish high.... Someone ’ s a complex process that falls under the jurisdiction of state courts requires. References cited in this article, which can be annoying, but one standard all... Have legal and physical custody and make sure you have no need to serve the check., 57, is her legal guardian, that creates a fiduciary relationship the. And file your petition, you must file a petition must be over age 18 or otherwise legally,! My sister is an alcoholic and has panic attacks which keeps her mostly at home no one is your! Clerk will set the date for your records, and one for of. Was written by jennifer Mueller is an in-house legal expert at wikiHow one or more court.... Knowledge come together with our trusted how-to guides and videos for free by whitelisting wikiHow on your ad.. Of anything anyone else filed in the county where your sibling must typically under! The front of the guardianship is termed a `` ward. and has panic attacks which keeps her at... Privacy Pass spend two years in France, leaving your 16-year-old sibling behind to finish high School be,!