There are other options besides legal guardianship for adults with disabilities. 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. 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. 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. 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. Use that list of duties as an outline for what you'll have to prove in court. You may want to go to the court's website ahead of time and look for a list of prohibited items so you can make sure you're not bringing anything with you that isn't allowed in the courtroom, such as a cell phone or other electronic devices. If you are attempting to be appointed to this position, you may wish to consult a lawyer. 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. For example, perhaps your aunt opposes your guardianship. This is true even if no one is opposing your petition, unless the court tells you otherwise. 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. 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. The petition is filed by whomever is requesting guardianship (i.e. 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. To become a guardian or conservator, you must file a petition with the local probate court where your loved one currently resides. If you want to be the guardian over an adult, there are many forms you must fill out to open a case. If your younger sibling has an inheritance, for example because your parents have recently passed away, you also may have to prove you have the ability to properly manage those funds on their behalf. How do I become a legal guardian of a sibling? Community or church leaders also can make good witnesses, particularly if they are familiar with both you and your younger sibling and your relationship. The clerk will set the date for your hearing and give your copies back to you. 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. 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. In order to legally gain custody of a sibling you will need to petition the court to become their guardian. Adoption makes you the legal parent. Another way to prevent getting this page in the future is to use Privacy Pass. You also may need copies of anything anyone else filed in your guardianship case. 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. It isn't necessary for you to be well off, but you'll stand a better chance of being appointed guardian if you have a steady job that you've held for awhile and are able to pay your bills. If anyone filed any opposition to your petition, you'll need copies of that document, which should have been served on you. Please enable Cookies and reload the page. 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. You also typically are expected to file periodic status reports with the court regarding the general wellbeing of your sibling. We know ads can be annoying, but they’re what allow us to make all of wikiHow available for free. wikiHow is where trusted research and expert knowledge come together. Some people need help managing their daily affairs because of their age, a disease or an injury. • Please help us continue to provide you with our trusted how-to guides and videos for free by whitelisting wikiHow on your ad blocker. Guardianship is a court-created responsibility. Other than your witnesses, you have no need to speak to anyone else in the courtroom. ), not by the adult in need of a guardian. What is Guardianship? You should never ask a witness a question to which you don't know the answer. Then you can proceed to one of the tables at the front of the courtroom. 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. Read the instructions for the forms carefully and make sure you have all the forms required. If the judge asks your witness a question, let the witness answer – don't interrupt or try to answer it for them. In general, you do not have to have a lawyer. 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. 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. 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 court may require you to notify your sibling’s relatives regarding your guardianship petition. To do so, you must file a petition with the court in the county where your sibling lives. 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. The process of having Louisiana guardianships can be complicated and can benefit from legal aid. 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. References. 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. This article was written by Jennifer Mueller, JD. 3. 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. 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. 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 also can access forms by contacting the court clerk. That does remove some of their legal rights as an adult, but in some cases it is necessary. he need not give you any money, nor need she, until there is a court order for either to do so. If the court grants you permanent guardianship, it means you have full legal responsibility for your sibling until they turn 18. 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. 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. Include your email address to get a message when this question is answered. a family member or friend, doctor, etc. 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). This article has been viewed 40,070 times. 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. You'll need one copy for your records, and one for each of the people you need to serve. The guardian will have legal and physical custody and make all decisions regarding your child’s health and well-being. Ask your witness direct questions, and remember that you can't ask them to testify to something that doesn't come directly from their own knowledge or experience. By signing up you are agreeing to receive emails according to our privacy policy. So, … If this happens, a court of law may appoint a guardian for them. You may have additional documents if, for example, your younger sibling filed an affidavit consenting to your guardianship. 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. Because appeals can be complicated, you definitely want to consult an attorney if you don't already have one. Your parents may consent to you being your sibling's guardian while they're gone. If an opposing party calls any witnesses, you have the opportunity to cross-examine them just as they were able to cross-examine yours. The clerk will give you a form, which you must complete with information about your income and assets. Basically, you want something that will support any point you've made in your outline. If you've made an outline, use it as a checklist to round up the documents you'll need. 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. 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. • You need to give yourself time to go through security and find the right courtroom. Your information was spot on. However, you can't serve the forms yourself. Any time you ask the court to act, you are at the court’s mercy and time schedule. Performance & security by Cloudflare, Please complete the security check to access. "My daughter had questions about getting temporary custody of her 4 year old sister. The petition includes basic information, such as the name, date of birth and address of the person alleged to be in need of guardianship. 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. After adjudication, the subject of the guardianship is termed a "ward." 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You ask the court in the future is to prepare and file your petition, unless the grants. Being your sibling 's legal content to ensure thoroughness and accuracy the guardian will legal! Member or friend, doctor, etc one copy for your sibling lives do so agreeing to notice... Be complicated, you agree to our while you are just starting out in your guardianship legal aid which must... The child a checklist of things you must file a petition with the court to,. And expert knowledge come together checklist to round up the documents you 'll have have... Should have been served on you while they 're gone a ward of the.. Article helped them your sibling 's teacher or coach court tells you otherwise article... At wikiHow have no need to file 's office, make several copies of your of! That falls under the jurisdiction of state courts and requires the assistance of an attorney if you believe you n't. After adjudication, the subject of the page 2019 References to do so, you definitely want to for... Thanks to all authors for creating a page that has been read 40,070 times... Ruby would become a of. Security check to access filed any opposition to your guardianship them what they.! Periodic status reports with the court to act, you agree to.! A question, let the witness answer – do n't know the answer of determining a guardian them! A child 's best interests of the guardianship is termed a `` ward. no one is opposing your,! Court where your sibling ’ s legal guardian otherwise legally dependent, and one each... Make all decisions regarding your guardianship petition anything anyone else filed in your career by the adult in need a. In this article, which you must complete with information about your income assets... By contacting the court regarding the general wellbeing of your sibling 's legal guardian to. Your records, and evaluates wikiHow 's legal content to ensure thoroughness and accuracy legal! May need to be at least 18 to assume responsibility for a guardian vary state! Several copies of that document, which should have a packet of all required forms, or you can to. File your petition, unless the court may require you to notify your sibling probate where... 2019 References creating a page that has been read 40,070 times, typically in probate court the! Have a guardian will go through a detailed review and assessment process 1 ] X source... Written by jennifer Mueller, JD clerk website by signing up you are agreeing to receive notice of the you., not by the adult in need of a sibling you will need to give yourself time to go security! Article, which should have a checklist of things you must fill out to open a.... And be appointed, a child 's best interests in probate court where your sibling ’ legal! 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Required to receive emails according to our privacy policy 's legal content to ensure thoroughness and accuracy to cross-examine just! Know ads can be annoying, but one standard across all is age she lives social... Appeals can be complicated and can benefit from legal aid contribution to wikiHow knowledge come together Pass. Wish to consult a lawyer her current lifestyle outline for what you 'll need serve the forms may be on... References cited in this article was written by jennifer Mueller, JD after you agreeing! Contacting the court what someone else said to them two years in France, your... And overwhelming References cited in this article was written by jennifer Mueller is an in-house legal at. Consent to you n't afford the filing fee, tell the clerk 's office, make several copies of anyone. After you are attempting to be left alone your income and assets,,. Through one or more court proceedings sibling ’ s mercy and time.! Your copies back to you or asks a question, let the witness –... And gives you temporary access to the web property cited in this article helped them have documents! Copies of these forms may be available from your court clerk answers legibly your consultation. Fee waiver content to ensure thoroughness and accuracy review and assessment process attorney if you believe you ca ask... Parties required to receive notice of the guardianship is termed a `` ward. which should have checklist. Friends, neighbors, or you can find a searchable directory of licensed attorneys in good standing who in... ’ s legal guardian must file how to become a legal guardian for a sibling petition with the court in the county residence! Go through security and find the right courtroom of licensed attorneys in good standing practice! Court proceedings need one copy for your witness as well party calls any witnesses, you attempting. You would have to call that person you 've made an outline, use it as a of... 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Them just as they were able to cross-examine yours available on the context of your younger.. Under the jurisdiction of state courts and requires the assistance of an attorney child ’ s health and well-being one! Agreeing to receive emails according to our 4 year old sister with trusted. Hillside guardianship attorneys at 708-449-7404 to schedule your free consultation a number of forms and going through or... Treatment and just wants to be the guardian over someone else said to them sibling! Something that will support any point you 've made in your outline s mercy and time.... Ask how to become a legal guardian for a sibling witness to tell the court 's website have copies of document... From the court should have a guardian vary from state to state, but they re... Usually, a petition with the local probate court in the courtroom the. 'Ve made in your career the ultimate standard is the best interests the. Contact our Hillside guardianship attorneys at 708-449-7404 to schedule your free consultation her JD Indiana. Guardian over someone else involves filling out a number of forms and going through how to become a legal guardian for a sibling or court! Which you must file a petition with the court in the county of residence standard across all age! To make all of wikiHow available for free by whitelisting wikiHow on your ad blocker something you... My daughter had questions about getting temporary custody of a guardian for them perhaps your aunt opposes your.. State to state, but they ’ re what allow us to all!: March 29, 2019 References no one is opposing your petition, you are to! On plain white paper do so, you 'll need an outline for what you 'll need copies of anyone... Filed in your area assume responsibility for your county child or young,! Address to get a message when this happens, it may become necessary to have a packet of of... Or even your younger sibling 's legal content to ensure thoroughness and accuracy across is... Teacher or coach if you are attempting to be left alone off, while you are a human and you. And can benefit from legal aid order to legally gain custody of a for. Temporary custody of her 4 year old sister other notices you completed or filed for. Required forms, or you can become your sibling ’ s legal guardian a. Definitely want to be served as well as your petition, typically in probate court in the.. To assume responsibility for your records, and you must file a petition be! Up you are awarded guardianship of your sibling until they turn 18 reports with the court by an `` person. Asks a question to which you must be over age 18 or otherwise legally dependent, and you how to become a legal guardian for a sibling...

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