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. Your information was spot on. Contact our Hillside guardianship attorneys at 708-449-7404 to schedule your free consultation. If the judge says something to you or asks a question that you don't understand, ask for clarification. X 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. After adjudication, the subject of the guardianship is termed a "ward." ... Ruby would become a ward of the state unless Jean wanted to become her legal guardian. he need not give you any money, nor need she, until there is a court order for either to do so. 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. 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. 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 your parents have passed away and you also want to take guardianship of your younger sibling's inheritance, there typically will be additional forms that you have to complete detailing information about those assets. For example, perhaps your aunt opposes your guardianship. There you can find a searchable directory of licensed attorneys in good standing who practice in your area. 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. How do I become a legal guardian of a sibling? Sibling Guardianship 101 The laws related to becoming a guardian vary from state to state, but one standard across all is age. [2] 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. To do so, you must file a petition with the court in the county where your sibling lives. 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 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. The judge will only appoint you as a guardian if he or she believes that you can fulfill those duties and that the appointment would be in the best interests of your younger sibling. 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. Any time you ask the court to act, you are at the court’s mercy and time schedule. the forms may be available from your court clerk website. Please enable Cookies and reload the page. When this happens, it may become necessary to have a guardian make decisions for that person. It’s a complex process that falls under the jurisdiction of state courts and requires the assistance of an attorney. Community or church leaders also can make good witnesses, particularly if they are familiar with both you and your younger sibling and your relationship. Make sure you have copies of your proof of service forms as well as your petition and other notices you completed or filed. 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. ), not by the adult in need of 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. 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. 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. • 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. Cloudflare Ray ID: 603ad07bce683960 Basically, you want something that will support any point you've made in your outline. This is true even if no one is opposing your petition, unless the court tells you otherwise. The process of having Louisiana guardianships can be complicated and can benefit from legal aid. The only thing the court will look at is what's in the child's best interests. Jennifer Mueller is an in-house legal expert at wikiHow. 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. That does remove some of their legal rights as an adult, but in some cases it is necessary. 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. Before you go to the clerk's office, make several copies of all of the documents you need to file. If the court grants you permanent guardianship, it means you have full legal responsibility for your sibling until they turn 18. You need to be at least 18 to assume responsibility for a minor. Guardianship, however, can be established without the Bureau’s involvement. Generally speaking, you need to be able to show the judge that you are financially responsible and capable of caring for your younger sibling. a family member or friend, doctor, etc. Performance & security by Cloudflare, Please complete the security check to access. Depending on the context of your case, others may need to be served as well. This article has been viewed 40,070 times. If the judge asks your witness a question, let the witness answer – don't interrupt or try to answer it for them. 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. The clerk will have copies of this form for you. You would have to call that person as a witness to ask them what they said. 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. If anyone filed any opposition to your petition, you'll need copies of that document, which should have been served on you. Research source. She is refusing treatment and just wants to be left alone. Adoption makes you the legal parent. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. She received her JD from Indiana University Maurer School of Law in 2006. Becoming a legal guardian over someone else involves filling out a number of forms and going through one or more court proceedings. [1] 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. To do so, you must file a petition with the court in the county where your sibling lives. You should never ask a witness a question to which you don't know the answer. Your sibling must typically be under age 18 or otherwise legally dependent, and you must be over age 18 or legally emancipated. Guardianships can … 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. 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. 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. 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 petition is filed by whomever is requesting guardianship (i.e. So, … 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. 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. 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. INITIATING THE LEGAL PROCESS. 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. ). To become a guardian or conservator, you must file a petition with the local probate court where your loved one currently resides. The clerk will set the date for your hearing and give your copies back to you. 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 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. If an opposing party calls any witnesses, you have the opportunity to cross-examine them just as they were able to cross-examine yours. There are 29 references cited in this article, which can be found at the bottom of the page. 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. Witnesses may include family friends, neighbors, or even your younger sibling's teacher or coach. "My daughter had questions about getting temporary custody of her 4 year old sister. 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. 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. Use that list of duties as an outline for what you'll have to prove in court. 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. Choose someone you trust and add a clause to your will that you want that person to raise your children if you ever become incapacitated. 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. She lives on social services, but does not eat properly and I'm concerned she will not live long with her current lifestyle. 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. This lawyer will be responsible for making sure any Louisiana guardianship which is awarded is in the best interests of their client. 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. use those forms but modify the top for your county. 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. Children or young people aged 12 years or older must give their written consent to a guardianship order being made, where they are capable of doing so. Keep in mind that the ultimate standard is the best interests of the child. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. Some people need help managing their daily affairs because of their age, a disease or an injury. If this happens, a court of law may appoint a guardian for them. {"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":"