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FAQ

How do you apply for guardianship?
Don't panic. This sounds to me like a simple miscommunication.What your parents are describing is leaving you as guardian of your siblings in their Will. Your guardianship kicks in only if both of your parents are deceased‡ and probably only of your siblings that are still minors at the time of your parents ‡ death.So clearly something fairly traumatic and catastrophic would have to happen for both of your parents to die before your youngest sibling is 18.I make these kind of wills fairly often, and it's not uncommon. And you never ever make just one Guardian.So I'm going to speculate that your parents‡ Will says something like: “in the event that Guardian A is unwilling or unable to fulfill his role as guardian of the minor children, then we appoint Guardian B.. “ - - then Guardian C, and so forth.Notice the “unwilling” part. You can bow out of the responsibility and hand the reigns over to the Guardian who is next in line.I'm also going to speculate that your parents don't actually expect you to raise your five siblings at your young age. Guardians and Trustees appointed in a Will/ Trust make things a lot easier than having the estate go through intestate probate.You may merely have been appointed as a sort of place card holder. As in : we know he won't raise the kids himself, but he'll be in a good position to decide who should - - and it’s better than having our money drained through court procedures.Hope that makes you feel better!
How do you terminate guardianship again if you fail to get rid of guardianship?
How do you terminate an adult guardianship once it starts? The only surefire way is to have the ward die, and even then the process of distributing what is left (if anything) of the ward’s assets can take years. Instead of being hard to initiate and easy to terminate, the opposite is true. Of the many hundreds of cases we at Educate - Advocate - Legislate have studied, only once was a ward successful in negotiating a positive “suggestion of capacity” and regain their life. There is just too much money available and easy to take for the court insiders for them to tolerate terminations of guardianship and their money stream.
How can I get out of a guardianship that I don’t want to be in anymore and don’t feel like I need to?
Whichever entity approved/confirmed you as a guardian, you need to contact them (chances are it will be a court appearance or filing) and ask to be removed.Please be ready to prreasons for it, or potentially suggesting a replacement for you - such as how it affects your life, how much inconvenience/hardship you’re experiencing because of it, how little you can contribute to the guardianship role and how much better it could be done by someone else.It’s not clear if the court will take the “I don’t want to” and “I don’t feel like I need to” be an acceptable explanation.You have to contact an attorney if you don’t want to contact the court yourself and express your wishes to that attorney, and they can document it for you with proper legal language and compelling/urgent reasons for the court to see the matter in your favor.
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