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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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Can I get guardianship of my 19 year old niece without the

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Can I get guardianship of my 19 year old niece without the cooperation of her parents. I would like to do this so she can get finantial aid and go to college. Her parents will not supply us with th information needed for her to qulify for finantial aid?

At 19 your niece is considered an adult. Unless she has some sort of disability or other condition requiring assistance a guardianship is inappropriate. This type of request might even be considered an attempt to defraud the aid providing institution. Otherwise wealthy parents would all be looking for poor relatives.


Section 479A(a) of the Higher Education Act of 1965, as amended by section 472(a)(4) of the Higher Education Opportunity Act of 2008, allows dependent students to obtain an unsubsidized Stafford loan without parental information on the Free Application for Federal Student Aid (FAFSA) if the college financial aid administrator "verifies that the parent or parents of such student have ended financial support and refuse to file an FAFSA form."


Your niece should consult with the financial aid office and find out what her options are considering her parents refuse to offer any assistance with her living or educational expenses. They may be able to recommend private loans where perhaps you could be a co-signer for an educational student loan.




Customer: replied 4 years ago.

She is an adult by law not by finantial aid standards. According to finantial aid. She cannot be considered independant until she is 24. Until then she has to use her parents income level. I actually make more than her parents. So her amount of money she may qualify will be less. I am not looking for an unsubsidized loan. I am looking for subsidized or possibly pell grant money.

There is no fraud involved whatsoever. Just a couple of nasty parents that have always stiffled their children.

For the purposes of getting a school loan she is dependent. From a legal perspective, guardianship is a legal process and she is a functioning adult. If she is able to handle her own matters she does not need a guardian. The process of getting guardianship for an adult is typically through the probate court. A guardianship is usually awarded for the elderly and the disabled. The financial. aid process is designed to require parents to be responsible. for their "dependant" children. I know this is not the solution you are looking for, however, your niece can obtain a loan obtain/finish her education. once she graduates there are forgiveness programs available for the loan amounts. They take time, but it is possible to not have to repay the entire amount.






Customer: replied 4 years ago.

My niece wants to be a dentist. I have 2 starting college and I am working toward my Masters. This is a very unforntunate situation. I cannot help her the way I would like to or the way she deserves to be helped.
Is there anyway that you may know of that would allow her to use our income for finantial aid so she will not be blocked from the help and definitely prolong her furture. It would sure be a ray of light in a gloomy situation.

I do not know of anyway that she can legally use your income for obtaining aid. She has the means to get an education if she chooses, it is through loans as opposed to grants. She can still g to grad school or dental school. Repayment is usually deferred while in school. As I stated when she graduates as a dentist there will be opportunities to get out of paying the loan. She may have to work with poorer income families.


If people were to be able to do what you want to do, it wouldn't be long before a small cottage industry would be formed for the purpose of giving kids with wealthy parents a way to avoid paying tuition by hiring a guardian.


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