Quick Answer: Can I Be A Guardian For My Brother?

Who can be my guardian?

Guardianship of a Minor A legal guardian may be a friend, family member, or other person the court feels will act in the minor’s best interest.

As the minor’s legal guardian, an adult may be granted physical custody of the minor, or they may act as a financial guardian who exercises control over the minor’s property..

Sibling visitation rights are a tricky subject because while courts emphasize that the best interests of the child is what matters most, siblings do not have constitutionally-protected parental rights (because they aren’t parents); thus, any sibling that is seeking visitation rights with other siblings against the …

Do you get paid for being a guardian?

As guardian of the person, you are entitled to compensation for your time, upon court approval. The compensation cannot exceed five percent of the ward’s gross income. Attorney fees and other costs can and should be paid out of the ward’s income, upon court approval.

A guardian may also need to petition the originating state court for permission to even take a ward out of the original state. … the ward must be permanently relocating to the new state; the move cannot be detrimental to the ward’s interests; there can be no opposition to the relocation; and.

Does guardianship override parental rights?

Legal guardianships are temporary legal relationships where an adult who isn’t the child’s parent provides care for a child. A parent who consents to a guardianship hasn’t necessarily given up all parental rights.

Sibling’s Guardian In order to legally gain custody of a sibling you will need to petition the court to become their guardian. Your sibling must typically be under age 18 or otherwise legally dependent, and you must be over age 18 or legally emancipated.

What can a guardian not do?

A guardian does not have complete power to make all decisions for the protected person. There are many things that a guardian cannot do without first getting the court’s permission, especially when it comes to the protected person’s finances.

Can 1 parent sign over guardianship?

Only one parent’s signature is needed if the other parent is deceased, unknown, has no legal rights, or has had their parental rights terminated; AND. If the child is 14 or older, the child will sign the agreement.

How old can you be to be a guardian?

18 yearsAny person 18 years of age or older may be a guardian; the harder question is who should be the guardian. Often parents will petition the probate or surrogate court to be the guardians of their child and usually the petition is granted.

You can establish guardianship of a child by filing papers in court. Initially, file a petition stating your interest in obtaining guardianship along with a filing fee. You’ll also want to file a letter of consent from the child’s parents.

Can a 16 year old choose to live with a sibling?

No. A child’s sibling has no custody rights over the child whatsoever. A child can choose to live where they want at age 18 – that is, when they’re legally an adult – not before. Now, in practice, once children get to around age 16 or so, the notion that parents can control everything they do is a little silly.

Can you sign your child over to someone else?

Voluntarily Signing Over Legal Guardianship Courts generally prefer to place children with relatives when possible, but another responsible adult may be named as your child’s legal guardian. Signing over permanent, legal guardianship of your child is not the same as relinquishing your parental rights.

Can a sibling be considered a guardian?

People can become a legal guardian to their younger sibling without having to go to court. … The sibling will need to file an application for custody in the court that has jurisdiction over the area where the sibling and the sibling’s legal guardian reside.

Are siblings legally responsible for each other?

As much as siblings may be a part of our conception of “family,” the sibling relationship is actually materially different from those relationships that the law does cover. Most siblings do not live with each other nor are they usually legally responsible for one another. Most siblings lead independent lives.

Who Cannot be a guardian?

A person cannot be appointed a guardian if: The person is incompetent (for instance, the person cannot take care of himself). The person is a minor. The person has filed for bankruptcy within the last 7 years.