Brother becomes legal guardian to minor sibling, thanks to Legal Aid

*Don’s mother unexpectedly passed away in March 2023, leaving him and his sister shaken and feeling lost.

In addition, due to her unforeseen death, there was no plan in place as to who would become the legal caretaker of Don’s sister, a minor.

“I had little to no knowledge of anything pertaining to becoming a guardian to my sister,” said Don, who was the obvious choice as the next of kin. He was happy to do so despite financial challenges and the care of a pregnant wife.

Don’s 17-year-old sibling especially needed to have a guardian to reinstate the Supplemental Security Income (SSI) benefits she was receiving while their mother was alive, and to receive survivors benefits after she passed away. The disability/SSI benefits stopped because she was a minor. (Their mother had been receiving the SSI for her).

Adults and children may be eligible for SSI if they have little or no income/resources, have a disability, blindness, or are 65 and older, while “survivors benefits” are paid to widows, widowers, and dependents of eligible workers.

The financial benefit will be useful for Don’s sister who is still in school. It will also ease the burden of responsibility for Don and his growing family.

Good thing Don reached out to Legal Aid in August 2023.

“He was stressed when we met him in person,” said Legal Aid Paralegal Shaela Marie Garces. “He felt lost and had no direction. It was constantly on his mind. He was concerned in getting it done before the birth of his child.”

Without the guardianship papers, Don would be unable to reinstate the SSI and get survivors benefits for his sister. 

After drafting the initial pleading, Legal Aid Family Law Managing Attorney Makia successfully represented Don in court.

Less than two weeks after the hearing, he received the official papers. He is now his sister’s legal guardian! 

“Don looked relieved, the whole family looked relieved,” said Shaela. “It was taken care of in a timely manner and before his wife gave birth.” 

“Legal Aid made the process of guardianship easy and stress free,” said Don. “They gave me assistance and helped me gain the knowledge about court and guardianship processes. I was able to get the help and documents submitted in order to complete the guardianship for my minor sister.”

Due to Legal Aid's help, Don's sister received $3,000 worth of back pay of survivors benefits and is now receiving her monthly SSI benefits.

She is also doing well as a high school senior and resides with him and his family. And, as of this publication, Don's son just turned 3 months old.

“It was a joyful feeling that I got to see the outcome of the case,” said Shaela. “Don was pleasant to work with. It is great to see good people see the outcome of their work. It reminded me why I love working with Legal Aid.”