Please forgive me for my ignorance about this family matter! My mother's sister (my aunt) was brought here in the 90s on an I-90 Permanent Resident Card because she is mentally disabled and has no one willing to care for her in her homeland. My mother and father are now dead. As their heir, do I automatically assume I'm her legal guardian? I handle everything for her anyway. If I'm not, how do I find out the criteria to become her guardian? What if I don't want to be or can't? Let me know if you need more info to answer!
Estate Planning Attorney
First, you are not required to become her guardian, but you probably may, if you wish. You first need to determine if your parents were appointed by the court, or if this was just an informal arrangement.
If it is a formal guardianship, the procedure would be to petition the court handling the guardianship to be appointed successor guardian. The qualification is not very difficult, but some people don't qualify.
Depending on her degree of disability, you might be able to get by with a Durable Power of Attorney. If there is no formal guardianship, you might want to try this method.
See an attorney who handles guardianship matters in the Seattle area to get this straigntened out..
There is no attorney client relationship between the persons who asked and answered this question. You should always consult an attorney for specific legal advice.
This is more a Family Law / Guardianship issue than an Immigration issue.
If you are certain that your aunt is a permanent resident, then her immigration status is probably not in question. You might want to check up on her green card, to see if she might need to obtain a renewal. You might also want to consider an application for US Citizenship for her.
(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.
You should re-post this question on the probate forum.
This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes
She can remain in the U.S. as a lawful permanent resident. You do not have to assume responsibility as her guardian, but this may be in both of your best interests, perhaps.
I am reposting this in the family section.
This is general information, not legal advice, and does not create an attorney client relationship.
I agree with Mr. Dixler, you should talk to a probate/family law/guardianship attorney.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
I agree with my colleagues, speak to a family lawyer
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
Estate Planning Attorney
For the most part, I agree with Mr. Visser. You can also look into having a professional guardian appointed if it is something you can't handle.
This answer provides general legal information and should not be construed as legal advice to be applied to any specific factual situation. It is not intended to create and does not create an attorney-client relationship. The attorney writing this post is licensed in Texas and Washington only and the laws of your jurisdiction may differ.