Seeking Guardianship of a Minor Sibling

If you have a younger sibling and your parents pass away or cannot adequately care for them, you may consider stepping in to provide guardianship. If you are over 18, you might be able to provide a stable home environment and the closeness only another family member can offer.

Seeking an appointment as a guardian for a minor sibling is a serious undertaking. If appointed, you would be responsible for that child until they turn 18. You also need the maturity and resources to safeguard the child’s welfare, health, and development. If you are thinking of being a guardian for your minor sibling, it’s essential that you understand how guardianships function.

Guardianship for Minor Siblings

In the state of Ohio, any person who is 18 or over is considered an adult or at the age of majority, barring a mental or cognitive disability. A guardian must be a capable adult who can look after a child and provide for their upbringing, medical care, health, and education. A qualified guardian can also look after and manage assets or property under the child’s name.

When a child’s parents die or can no longer provide adequate care, any adult with ties to the child can apply for guardianship, including adult siblings. Most courts and family services agencies tend to favor family members regarding daily care. However, an accountant or attorney might be appointed to look after assets.

Applying for Guardianship of a Sibling

To serve as a guardian to your minor sibling, you or a probate attorney must submit an application with the probate court in the jurisdiction where the child will live. Once the application has been filed, the probate court will schedule a hearing to determine your suitability as a guardian.

Although you must be present for the hearing, your sibling does not. Unless someone else contests your guardianship, you will likely be appointed during the hearing if you meet all requirements.

When the Child Has Assets

There are other legal matters to consider if your younger sibling has property or financial assets in their name. Although you can choose to serve as guardian over these assets, a lawyer or attorney can also serve this role.

Regardless of who it is, the guardian must be bonded by an insurance company for double the amount of the holdings under the child’s name. Also, the prospective guardian must submit the bond at the time of application and pay the total amount of fees in advance.

Hiring a Lawyer Specializing in Probate is Recommended

As a sibling to a young child, you want to preserve family ties and ensure they get the best care possible. While you are not required to hire an attorney when applying for guardianship, doing so can reduce your burden and protect your family’s interests.

A probate attorney can answer your questions and guide you through the application process. They can also file your application and other required documents in a timely manner. Legal representation also means having a professional argue on your behalf in court, especially if you contest the appointment of another individual as guardian. An experienced attorney can help you achieve a fair outcome in your case.

Applying for guardianship for your minor sibling can seem daunting without the guidance of a qualified lawyer. For help with guardianship or any other probate case, contact Donnellon, Donnellon & Miller today at 513.891.7087. They will be happy to answer your questions and understand your unique circumstances.