Legal Guardian

Question: Legal Guardian? My brother is 18 years old, is he considered as my legal guardian? The papers that I need to get signed needs a "legal guardian (or parent)" but my parents are on vacation PLEASE CITE SOURCES

Answer: He is NOT considered your legal guardian for any purpose whatsoever! Your parents should have executed a power of attorney prior to leaving on vacation!

Question: legal guardian? my son has just turned Sixteen and says that i am not his legal guardian anymore ,I said i am his legal guardian till he is eighteen, who is right thnx for any replies in advance helen x

Answer: depends on which country you live in. But in countries like the USA, UK, Australia, Canada its 18.

Question: Legal guardian? I have a 10 month old baby who I raise and my house mate helps me with her so much I want to know if it is possable is she can become my babys legal guardian and how do I go about do it

Answer: In order to have any legal rights and responsibilities, he/she would have to adopt the baby.

Question: Who has the legal rights to be guardian to orphaned kids? A couple of street kids have been orphaned yesterday. Although they are not on the street anymore and live in a shelter managed by a super NGO, the question is - who is considered their legal guardian? They have relatives but they cannot take responsibility of looking after, educating and providing for. Can the NGO or the relatives assume responsibility as legal guardians, and if so, what paperwork needs to be taken care of? any legal expert advice will be very welcome.

Answer: The state currently is their guardian, but the relatives most likely can become guardians, depending on the best interests of the child (and assuming there is not a will that lays out the wishes of the parents). Depending on what state (or country) you live in, you might have to file different paperwork. If in the states, it will most certainly have to be through the court. Per your question about NGOs having guardianship, it probably could not be appointed guardian because most of the qualities that courts consider in appointing a guardian a personal in nature, not organizational. The childrens' best bet would be for their relative to file the relevant paperwork in the jurisdiction (you'll most likely need a lawyer for this) and petition the court for guardianship.

Question: How to become my brothers legal guardian? I am 24 and my grandmother recently died, she was the legal guardian to my 2 younger brothers (ages 5 and 9), they are currently living with me, but my mom wants custody back. She uses drugs and my brothers were taken away from her. i don't know what steps i have to take to become their legal guardian.

Answer: Hi, I do not know what city you live in but you should immediately go to family court and file for temporary custday for your two minor brothers. Once you file for temporary custody, they will be appointed an attorney who will contact social services. You will have to go through and entire process of proving that you can take care of your two brothers and you will have to prove to the court that your mother is unfit to care for them. You should also contact the case worker working with your grandmother. If you do quailfy they may assist in getting you appointed guardian of your brothers. You may want to contact an attorney for advice. Good luck.

Question: What is the age limit for a legal guardian? Is a legal guardian the same as a parent? What is the age limit for a legal guardian? Is a legal guardian the same as a parent?

Answer: In some states it is 18 years old, in others it is 21 years old. And while one or both parents are usually the legal guardian(s), it is not absolutely necessary that a legal guardian be the parent. It could be another relative, possibly a friend, a godparent, an adoptive parent, and there may be more possibilities I can't think of right now.

Question: Is it legal to question a minor with no adult guardian present? Is it legal for a minor under the age of 18 to be questioned as a witness with no legal guardian present. And if it isn't legal could their statement be thrown out? Is it legal for a minor under the age of 18 to be questioned as a witness with no legal guardian present. And if it isn't legal could their statement be thrown out? The person doing the questioning is a prosecutor for a "court case". The witness didn't commit the crime, but when questioned didn't have a parent/guardian present.

Answer: Don't confuse custodial interrogation with questioning a witness! You have no right to counsel when questioned as a witness whereas our 5th Amendment does require the advisement of rights prior to questioning of a suspect in a custodial interrogation!

Question: What is the legal age to decide my who my guardian is? Well, I'm 14 years old and I no longer wish to live with my mother due to personal reasons. I would like to live with my father if possible. Is there an age at which I am able to decide who my legal guardian is?

Answer: Not in most states. Though if your father were to sue for guardianship the judge will probably ask who you would like to live with and give your opinion the weight that he feels is right.

Question: What does it take to be a legal guardian in Ohio? I am a step parent and am wondering what I have to do to become a legal guardian of my step daughter. She lives with us (her father and I) full time, and her mother still has rights. (But doesn't deserve them, obviously). I just want to make sure I can legally account for her when needed.

Answer: I'm in Ohio. My husband is the step-father to my oldest two boys. I'm not sure exactly what you are asking, but he can sign medical forms, school forms, take them to the doctor, urgent care and the ER. The only thing he couldn't do was sign for their drivers license and he may have been able to, but I just did it and didn't ask. You may want to contact an attorney and ask him/her. They would be able to give you the low down on what you can and cannot do.

Question: How to let my sister become my legal guardian? Because of various reasons, I (14 yo, turning 15 soon) need to have my sister (19 yo) as a legal guardian. How am I suppose to do that? Thanks. Well my parents would love to make her my guardian. Because my parents have to live in a different country, and cannot come back to US till like three years later.

Answer: Hi, Because your sister is an adult, she can petition the court for guardianship. She can do this using an attorney or, she can get the forms from the clerk of courts and do it herself, pro se. Your parents would have to be served if they protest and do not willingly sign the documents. If they do sign, it is only a matter of filing the petition and going to the court date. Guardianship is not difficult to get if everyone agrees. Even if they don't, the Judge will do what is in the best interest of the child. JOSA

Question: In Houston texas, Do you need a legal guardian present while showing up for a citation in court? So my friend recently got caught shop lifting (under 50$ nothing to big) And shes going to have to go to court in the near future. She doesn't wanna tell her parents cause they're already crazy strict. Could you bring an aunt or older sister in their place legally? Even if you cant, Do they actually check to make sure the pearson present is a legal guardian?

Answer: legal guardian is required unless the child is 18 years old ,yes they do check ! Suck it up and bend over, cause mommy and daddy are going to be upset just a tad bit ! We live by the results of our choices ,and you will too ! Make better choices next time !

Question: How old does a child have to be to choose legal guardian in michigan? I know a child who is 12 years old, and withstands a lot of crap from his mother. He wants to make his grandma his legal guardian I cant find anywhere what age you have to be to choose your legal guardian. He does not have a father and his mother has lived with his grandma for 12 years, there is a lot of verbal and mental abuse that goes on no only to the child but to the grandparent as well please someone help answer my question!

Answer: Sorry, it's age 18. http://ch09h-child_choosing_custodial_pa… \\\\\\\\\\\\\\\\\

Question: Becoming a legal guardian and later adopting? My mother is looking into adopting a friend's baby. We are curious as to the steps of becoming the child's legal guardian. We are from Kentucky. The birth mother lives across town. After my mother becomes the child's legal guardian, the friend wants to terminate her parental rights. Then, my mother wants to formally adopt the child. How much does it cost to become a legal guardian in Kentucky? How much does it cost to adopt a child that is your legal guardian?

Answer: Under this circumstance it would be best to speak with a lawyer who can handle the whole matter. It would also be best if the mother has her own lawyer.

Question: How old must a person be before their legal guardian is no longer responsible for their actions? My Great Nephew is 18 years old. He has lived at his girlfriends home for the past six months. His Great-Grandfather is his legal guardian. My nephew was in another auto accident, his third in the last 1 1/2 years. All of them have been serious, but this time he has no insurance, they cancelled him after his last accident, and the lady he hit is in a coma and may not live. He refuses to stop driving even though he knows he's not insured. My dad is 75 years old, is he still responsible for this out of control 18 yr old?

Answer: no, the kid is 18, he's an adult by law

Question: What is the legal process on a mother who is in psychiatric ward pregnant and legal guardian says no? A 28 yr old pt who is 11 wks.pregnant and in a psychiatric ward wants the baby. The legal guardian wants her to abort. Neither could care for the child. It would be in a foster home if carried to term. What would your recommendation be as to the correct ethical action(s) in this situation and why? This isn't a question about abortion but about the process.

Answer: State law will have a say; as will the ethical belief on abortion. Personally if there were no potential physical harm to the mother, I'd let birth occour and adopt out with the understanding the mother might at some point be able to take part in the childs life

Question: Legal Guardian to Brother when mom is in a coma? Hi there. My mother is in a coma due to overdosing and her organs are failing. I am suppose to talk to a lawyer and a social worker tomorrow but I am trying to find some information tonight. I am 19 years old, soon to be 20. My younger brother just turned 15. How do I go about becoming his legal guardian when my mother can not give her legal consent? Also, what happens if my mother wakes up or if she wants to regain custody after coming out of a rehab program?

Answer: I'm not an attorney so please don't rely on this as advice. I'll do my best to allay your fears. First, I'm so sorry to hear about your mother. No matter what the reason it is not easy to watch your parents possibly die. If her organs are failing she's not in good shape and you must be terrified. Your attorney will probably be able to help you get an emergency temporary custody order. Since she can't consent it will take a court order. The social workers may be able to help you get some financial support - I've heard of cases where an older sibling becomes certified as a foster parent and the state then helps him/her support the sibling until the issue with the parents is resolved. If custody is taken away from your mother and she does (hopefully) survive and go into recovery she would have to prove to the courts that she is able (physically/emotionally) to provide for your brother and that it is is in his best interest to be reunited with her. I take it there is not a father in the picture to step up/in and help out? You have my sincere wishes that things work out happily.

Question: How do you become someones legal guardian? I'm 17 and my friend is 26. I've been living with him for 2 months because my dad abused me, my mom doesn't care about me. What does he have to do in order to become my legal guardian? Extra facts: • I don't feel ready to live on my own and my friend said he would do this for me. • both parents are alcoholics • would keep things how they are, just living with my friend but my dad takes my paychecks and can also have the police bring me home if he wants.

Answer: Legal guardians are appointed by the Surrogate Court (Orphans Court, Probate Court, or similar court in your state). The process begins with a petition to the court prepared by an attorney. If I were you, I would contact the legal aid office in your community to begin the process. It will involve a court hearing and there is a possibility your parents may not appear for the hearing or have an attorney appear for them. If you will soon be 18 years of age, you will not need to have a legal guardian because you will be of legal age. The matter of your dad taking your paychecks should be discussed with the legal aid attorney. Your father could be held accountable for the amounts he took from you. Discuss it with the legal aid attorney.

Question: Can I become legal guardian of a 17 year old? I want to become legal guardian of a 17 year old relative as her mother is abusive. I want to become legal guardian so I can thereafter approve the adoption of the girl by her grandfather in Canada, which is something the mother would never agree to herself. If the girl leaves home and refuses to return, and says she wants to live with me, can I then apply to become her guardian? Would I still need her mother's approval?

Answer: Hi. You can apply. It takes a while.. how long before she is 18? You may find by the time you get granted guardianship and the the whole adoption process takes place she will be 18 anyway... you cant adopt someone who is 18 or over. Hope she is ok and that you sort something out for her. Good luck.

Question: In houston texas, do you need a legal guardian present while showing up in court for a citation? My friend recently got caught shop lifting (nothing to bad it was under 50$) she received a citation and will have to go to court in the near future. She doesn't wanna tell her parents cause they are already crazy strict and it'd just be a lot easier if she didn't have too, Can she bring an aunt or an older sister instead? Or even if it isn't legal do they actually check to make sure that the pearson present is a legal guardian?

Answer: In California it specifies parent or guardian.

Question: Is it legal to question a teen without a guardian present? My teen was recently question and chagred with a crime that he admits he was a part of...my question is, is it legal to question a minor without a legal guardian or legal representative there? Is what the teen said binding if there is no one present on their behalf?

Answer: It's legal to do that. However, if they didn't tell him he had a right to an attorney, then it's not admissible in court. Even with an attorney, for a minor they need guardian's consent. I don't think anything he said is admissible in court.