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You may have to approach court for appointing your brother as the legal guardian to your minor son who needs this for the purpose of taking care of his medical treatment in a foreign country. Your brother has to be present in India for filing this petition under guardians and wards act before an Indian court.
Yes, an older sibling can be a guardian for their younger siblings. The sibling has to be an adult to be a guardian to their siblings. And the family law courts have to grant guardianship over the siblings with a court order.
Before a Guardian is Appointed You may attend the hearing and raise your concerns in court at that time. If you want to file a written statement about why you are opposed before the hearing, you can file an Objection to the Guardianship. There is usually a filing fee to submit this document.
Custody of a child can be handed over to third parties other than the parents of the child. [44] In a case, the Supreme court gave custody of the children to their maternal uncle.
A guardian is a keeper or protector who looks after the welfare of other people or their property. In legal language, guardian is typically used as an alternative to parent. Guardians are often adults who can make legal decisions for children who are not their own.
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An older sibling could possibly become a legal guardian of his/her younger siblings, for instance if their parents were incapacitated or died. But this is rare. A legal guardian would be someone appointed through the court to care for a child. This could be anyone, not necessarily (and not usually) a sibling.
Objection to Guardianship In the objection, you will need to explain to the judge why a guardianship is not in the childs best interests or explain to the judge why you object to this particular person being guardian. You can use the Objection to Guardianship form located at the top of this page.
A guardian of the estate owes a fiduciary duty to the child. This means that the guardian must exercise special care in managing the childs money and property and must manage them only in the childs interest. The guardian may not use the childs money to benefit themselves or anyone else except the child.

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