The guardian is responsible for caring for the child, including that of the child: Can provide an active and appropriate plan for guardianship A guardianship over the estate is created to manage the child`s property. It is necessary if: 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. Source: www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjEgfio6r7tAhXMQs0KHbcXDdEQFjALegQIHRAC&url=https%3A%2F%2Fwww.lakecountycircuitclerk.org%2Fdocs%2Fdefault-source%2Fprobate%2Fguardianship-of-minor-info-packet-171p-254-(rev-12-17).pdf%3Fsfvrsn%3D4&usg=AOvVaw3yIXQ9I5aakEPLdAuSrGK6 If you are considering seeking guardianship of a younger sibling in court, talk to a lawyer first. IMPORTANT: If guardianship of the estate is required, it is best to hire a lawyer to set it up and represent the guardian of the estate. Indeed, the fiduciary duty (this is the highest duty that the law recognizes) that the guardian owes to the child requires that all laws and rules be respected and that the child`s property be protected. A lawyer can make sure that the estate administrator does everything correctly. The lawyer`s fees are paid from the estate and must be approved by the court for the child to be protected. If the child`s parents are alive and accept guardianship of the sibling, the court may place the child with his or her adult siblings if the placement is necessary and appropriate due to the circumstances.

If at least one parent objects to guardianship, the best interests of the child prevail, including whether the child`s well-being would be at risk if the child continued to reside with one or both parents. Some factors eligible for guardianship include the relationship between the child and the potential guardian and whether the guardian is willing and able to care for the child. A court could appoint you as the sole guardian or make you a guardian with another person or someone who is already a guardian. While staff in the clerk`s office are helpful, it`s always best to hire a lawyer to fill out legal forms. Yes, it is important to have the support of a guardianship lawyer for any sibling custody issues you may have. As mentioned above, custody laws are complex and can vary by jurisdiction. A lawyer will advise you on the applicable laws, help you file your application and represent you in a court case. If your sibling needs your help, having a lawyer by your side is your best chance of success. Guardianship cases can become emotional and contentious, especially when several family members compete to become the child`s legal guardian. At Calabrese Associates, P.C., we fight to change a child`s life by helping family members become their legal guardians and avoid placing the child in the hands of a stranger. Our DuPage County trustees have over 40 years of experience in the illinois family law field. To obtain guardianship of your siblings or family members, contact our law firm at 630-393-3111 to arrange your initial consultation.

As mentioned earlier, it is important to prove to a court that guardianship is necessary for a sibling and in the best interests of the sibling. To obtain custody of siblings, the first step is to determine whether a custody remedy is necessary. The duties of the guardian vary by state. For example, guardians in California must be able to manage the child`s finances and even manage parental visits if the court has granted it. There will be regular checks and home inspections for the guardian to ensure that the child is in a good home. Jennifer joined LegalMatch in 2020 as a legal writer. She holds a J.D. from Cumberland School of Law and has been a member of the Alabama State Bar since 2012.

She is a licensed mediator and ad litem tutor. She holds a bachelor`s degree in criminology and criminal justice and a bachelor`s degree in Spanish, both from Auburn University. Jennifer`s favorite part of legal work is research and writing. Jennifer enjoyed being a legal clerk for a respected district judge in Alabama. She is a housewife and home teacher with three children. She enjoys reading and taking long walks in the evening with her husband. Unfortunately, not all children have two parents who love and care for them properly. Some children have to endure the tragedy of losing one or both parents at a young age, while others are deprived of their parents, as the justice system has decided. In most cases, these difficult court decisions are in the best interests of the child, even if the child is too young to see it that way. If family members are unable to care for the adolescent, they are admitted to the foster care system to be cared for by voluntary foster families.

However, for those who have siblings who are 18 years of age or older, they may have another option: legal guardianship. According to Find Law, siblings must go to court to become guardians. The elder brother seeking custody must be eighteen years of age and the younger brother must be under eighteen years of age. It will be useful to know if your state has a hierarchy when it comes to assigning guardianship to determine if other family members are qualified. This can be achieved by asking the child`s parents or guardians to relinquish custody of the child so that the sibling can take over the guardianship.