Quick Answer: Can My 18 Year Old Brother Be My Guardian?

Can an 18 year old get custody of a sibling?

In order to legally gain custody of a sibling you will need to petition the court to become their guardian.

While state law may vary, generally guardians must be over age 18 or legally emancipated and petitioning for guardianship of a sibling under age 18 or otherwise legally dependent..

Who may be a guardian? Any 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.

Can my older brother be my guardian?

People can become a legal guardian to their younger sibling without having to go to court. … For example, the parents can relinquish legal custody to a sibling at any time if they find that they are unable to properly care for the child.

In most cases though, you will need to go to the court or court website in the county in which your sibling lives. Then, you will file all required forms, namely, a petition to be appointed as guardian. If your sibling is Native American, there are additional federal laws that will apply.

Are siblings legally responsible for each other?

Most siblings do not live with each other nor are they usually legally responsible for one another. … That is usually not the case for siblings, because they often would have been children at the same time.

Can a sibling be considered a guardian?

Siblings with Special Needs Should their parents pass on or become incapable of providing care – a sibling may consider a petitioning for guardianship. Typically, the parents of a dependent child with special needs will make provisions in their will that may include designating a guardian.