My question involves a person located in the state of: California
I am seeking information on behalf of a client. I work in homeless services.
My client is an adult male - let's call him D. D recently got his own place with his wife and kids. D's mother has a documented mental illness, is homeless and a drug addict. D would like to take guardianship of his little brother (age 9), who has already been staying with him for the last month or so and is well taken care of. D states that his mother is willing to "give" his little brother to him and will sign whatever he needs her to sign (I have NO idea if this is how guardianship works). Little brother's father is deceased, so he receives survivor's benefits with mom as payee. As far as I know, there is currently no open CPS case. Although mom has been agreeable, she IS volatile, and D is worried that she will one day retaliate for "harboring" the boy.
My questions are:
- Is there such thing as a parent "signing over" guardianship of a child? If so, how does her documented mental illness (or other factors) come into play? Where do we start?
- If NOT, what are the options for guardianship? I don't think this situation warrants a CPS report, as the child is not being abused or neglected. D's financial resources are limited and attempts to visit or contact local legal aid clinics have been fruitless.
- If there are no options for guardianship, what legal repercussions could D face for "harboring" his little brother, if any?
- D did not add his brother to his lease because he assumed that he couldn't, since he's not his guardian - is this correct?
Any insight is greatly appreciated!
I am seeking information on behalf of a client. I work in homeless services.
My client is an adult male - let's call him D. D recently got his own place with his wife and kids. D's mother has a documented mental illness, is homeless and a drug addict. D would like to take guardianship of his little brother (age 9), who has already been staying with him for the last month or so and is well taken care of. D states that his mother is willing to "give" his little brother to him and will sign whatever he needs her to sign (I have NO idea if this is how guardianship works). Little brother's father is deceased, so he receives survivor's benefits with mom as payee. As far as I know, there is currently no open CPS case. Although mom has been agreeable, she IS volatile, and D is worried that she will one day retaliate for "harboring" the boy.
My questions are:
- Is there such thing as a parent "signing over" guardianship of a child? If so, how does her documented mental illness (or other factors) come into play? Where do we start?
- If NOT, what are the options for guardianship? I don't think this situation warrants a CPS report, as the child is not being abused or neglected. D's financial resources are limited and attempts to visit or contact local legal aid clinics have been fruitless.
- If there are no options for guardianship, what legal repercussions could D face for "harboring" his little brother, if any?
- D did not add his brother to his lease because he assumed that he couldn't, since he's not his guardian - is this correct?
Any insight is greatly appreciated!
Guardianship: Guardianship of Sibling Mother Mentally Ill, Homeless
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