Hi - my name is XXXXX XXXXX X'm a Family Law litigation attorney here to assist you.
Once your sister files a petition for guardianship, you and your siblings need to file an objection to the petition and request to join the case as parties. The judge should allow all of the children to participate in order to hear everyone's position and then determine what is in the mother's best interest.
I would recommend that you hire a local family law attorney in your area to file an objection on behalf of each of you.
The rule is that the court must do whatever is in the person's best interest. Usually, the one that is closest to the person emotionally is the best caregiver. However, that is not a hard and fast rule at all.
A court is not going to award guardianship to someone just because they're the closest person to the ward. The court must consider the well-being of the person and who will attend to the person's needs the best.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).