#Guardianship #Legal #FamilyLaw #Grief #TeenTrouble #TexasLaws
Losing a mother is a devastating experience, and having to deal with a troubled teen sibling on top of that can be overwhelming. You may be wondering if you can make your delinquent 16 year old brother sign a contract for you to be his guardian. The short answer is that it’s a bit more complicated than a simple contract, but there are some options for you to consider.
##Understanding the Legal Framework for Guardianship in Texas
Before diving into the specifics of your situation, it’s important to have a basic understanding of how guardianship works in Texas. According to Texas law, a guardian is a person who has the legal authority and duty to care for the personal and property interests of another person, called the ward. The ward is usually a minor or an incapacitated adult.
In order to become your brother’s legal guardian, there are several steps you would need to take including filing a guardianship application with the court, undergoing a criminal background check, attending a hearing, and receiving approval from the court.
###The Role of a Guardian
As a guardian, you would be responsible for making decisions regarding your brother’s education, medical care, and overall wellbeing. This includes providing a safe and stable environment for him, and ensuring that he is not engaging in risky or harmful behavior.
##Creating a Contract with Your Brother
Given your brother’s history of delinquent behavior, you may be hesitant to take on the role of his guardian without some reassurance that he will comply with certain rules and expectations. While you cannot simply create a contract for him to sign in lieu of the formal guardianship process, you can certainly establish guidelines and boundaries for his behavior within your household.
###Setting Expectations
It’s important to have a frank and open conversation with your brother about your expectations for his behavior and the consequences if those expectations are not met. This could include agreements about drug use, curfew, household chores, and respect for your authority as his caretaker.
###Seeking Support
It’s clear that you are going through a difficult time, and it’s essential for you to have a support system in place to help you navigate this challenging situation. Consider reaching out to trusted family members, friends, or professionals who can provide guidance and assistance.
##Exploring Other Options
While assuming guardianship for your brother may seem like the only solution being presented to you, it’s important to consider other possibilities that may be better suited to your current circumstances.
###Seeking External Support
Are there other relatives or family friends who may be willing and able to take on the role of guardianship for your brother? It’s worth exploring all available options and assessing who might be best equipped to provide the care and support your brother needs.
###Professional Assistance
Given the complexities of your brother’s behavior and your own emotional state, it may be beneficial to seek the guidance of a family law attorney or social worker. They can offer valuable advice and resources to help you make informed decisions about your brother’s care.
##Conclusion
In conclusion, the process of assuming guardianship for your delinquent 16 year old brother is not as simple as creating a contract for him to sign. While it is a challenging and emotionally taxing situation, it’s important to weigh your options carefully, seek support, and make decisions that are in the best interest of both you and your brother. Remember, it’s okay to ask for help and to take the time you need to grieve and process your own emotions. You are not alone in this journey, and there are resources available to support you every step of the way.
You are in college & this is not your problem. Your father is the one granted automatic custody of your brother, this is not your responsibility. If your father does not want to “step up”, then he will need to make alternative arrangements for your brother.
As far as everyone pressuring you, tell them to “step up”, it is easy to sabotage someone elses life.
NAL. Did your mom leave behind a will with wishes? Regardless if Dad is in the picture, guardianship is probably going to lean in his direction first because he is the biological parent. You’ll most likely encounter court involvement to settle your mom’s estate, and custody of him can/should come up here. If it is not automatic, I’d ask for CASA/GAL involvement. A CASA worker’s sole objective is what is best for the child.
If it looks like you are the best place for him and are willing, find out what resources he and you would qualify for as a familial placement. Therapy is probably a need for him, and you as well, and if that can be provided by the State, take them up on it. He may also be entitled to health insurance, and you could qualify for food stamps or other assistance.
I was a foster parent, and while dealing with the state isn’t always fun, the resources can outweigh that. Having a caseworker assigned to you guys will also give you a neutral third party (or a few of them) to help keep everyone on track. Thus avoiding some contract that you’re trying to enforce.
I’m so sorry for your loss and commend you for even considering taking on such a big commitment.
Such a contract would most likely not work, a minor can’t enter a binding contract, and I don’t think there’s any way to make conditional guardianship, if you sign guardianship you’ll likely remain on the hook.
Your father should become legally responsible for him, whether he wants to step up or not, depends on how custody is gonna be transferred.
As for anyone telling you to step up, ask them why they won’t do it themselves if they’re so worried about him ?
Call CPS. Most states have some sort of protocol for situations like this. It will also allow your brother to have health insurance under Medicaid. If he ages out in the system there is a small amount of funding to assist with college or trade school.
First, I’m sorry for your loss.
A “contract” like this wouldn’t be valid and as you’re trying to get through college a troubled kid wouldn’t help.
You say people are pushing you to become his guardian, if this is family tell them they need to become the guardian.
The person who does take guardianship can file a PINS (Person in need of Supervision) petition if he screws up. The Court would then place restrictions on him or place him in a facility.
As others have said, it’s probably in your and your brother’s best interest to contact Child Protective Services.
The father is the one with a legal responsibility at this moment. No contract, especially an unenforceable one signed by a minor, has any bearing.
I’m sorry for your loss, and I’m sorry that you’re in this tough position. I’m the parent of two teenagers (adopted via the foster care system), and one of them is a kid who has really struggled. I’m 45, and it has taken everything that I have (and my husband has) to get him into a position where he can choose to succeed. I would absolutely not have been able to do this when I was in college.
My suggestion would be to reach out to your local DCF/CPS and start a conversation with a social worker about your situation and your options. Let them know that you want to stay in your brother’s life, but you don’t believe that you can be his parent. Then be his advocate, which is going to be a really big job. Make noise if he’s not getting the support he needs. You can be an important part of his support team without having to do it alone.