In
order to have this authority, a court must first find that
a person with a disability cannot make decisions about himself
or his property. If a court determines that he cannot, then
it will appoint someone to take on this responsibility.
In most cases, this will be one or both parents. However,
the court may also appoint a brother or sister to serve
as guardian with the parents, or alone after the parents
have died. Parents can also appoint a successor guardian
in their will and temporarily delegate guardianship through
a power of attorney.
The
obligation of the siblings as guardians is to make sure
their brother or sister is safe and to make decisions in
his or her best interest. A guardian does not bear any risk
for the person's acts or debts, and is not under a legal
obligation to provide direct care to the person. Therefore,
there is no downside to serving as someone's guardian.
Parents
and siblings alike should understand that the non-disabled
sibling will likely one day serve as their brother's or
sister's guardian. Parents should discuss this issue long
before the need arises, and siblings should not shy away
from this responsibility.
