So I was living with my aunt who had legal guardian over me since i was 8 up until I was 16, now im living with a caregiver and I just turned 18. does that mean that im no longer under my aunt’s guardianship? Will any of this affect my independent status for fafsa? Am I even considered independent?
I forgot to mention that my caregiver is my other aunt, I didn’t want it to get all confusing.
No responsible person could or should answer your question on this site. It would depend on the laws of your state. Google “children’s legal services” for your state/city and find an office near you or one you can call for advice. Even a private attorney should give you a free 30 minute consultation that could answer your questions accurately. You can PM me [California lawyer] if you need help finding a place to call.
It’s a question related to OP’s Fafsa.
“As determined by a court in your state of legal residence, are you or were you in legal guardianship?”
https://fafsa.ed.gov/fotw1516/help/fftoc02k.htm
For a hardcopy of the 2015-16 Fafsa Worksheet:
https://studentaid.ed.gov/sa/sites/default/files/2015-16-fafsa-worksheet.pdf
“If you can check ANY of the following boxes, you will not have to provide parental information.” And one check box reads, “I am currently or I was in legal guardianship”
I will retract/modify my initial response. @lookingforward provides a useful answer to OP’s FAFSA question. The guardianship question remains beyond anyone’s purview here.
You’d have to ask either aunt if a court was involved in appointing a guardian for you. Many many people just do it informally, or give a medical power of attorney to a friend or relative. If a social worker was involved or you received benefits like medicaid or SSI, there may have been a court order. You have to ask. The answer might be in your school records so your GC might be able to help.
Yes I remember social workers getting involved at one point and I’ve asked my counselor but they don’t have the answers for me either but it does say that im under caregiver since im living with my other aunt.
So if I were in a court ordered guardianship and it ended since I no longer live with her, does that affect anything?
It depends. Did the court order specify an end date? Does the law of your state specify an end date? Was there a court proceeding or court order that changed your status from being in a guardianship to living with a caretaker? Sorry to keep harping on this, but no one here should be trying to answer questions about your legal status – because none of us (myself included) know enough to give you proper advice. If you want to keep asking the questions, go ahead. I’ve said what I have to say and recommended what I think you should do.
For the FAFSA, what would matter is whether or not you were in a court-ordered legal guardianship after a certain age (check the FAFSA website, I recall that the cut-off was 13, so you would have met the standard), then you automatically are independent for financial aid purposes. Being in that status for just one day would qualify you as independent. It wouldn’t matter if the status later changed.
@kelsmom is a college financial aid officer. She’s good about answering PMs. Don’t be afraid to drop her a line.
OP, from the links to the Fafsa folks, above post 3, the question is “are you or were you?” (Age 13 relates to something else.) From the horse’s mouth.
You should confirm this was “legal guardianship,” not something more casual. Legal means officially approved and usually registered. (We were our kids’ LGs prior to adoption.)
If the original aunt is incapacitated/can’t confirm with documents, and the current aunt/caregiver doesn’t have the papers, call your DHS (different names- Dept of Human Services or Dept of Youth, etc) and try to confirm this. Or find out how you do this.
ps. this is about how independent is determined for the Fafsa purposes. I am not trying to answer about his legal status, but how Fafsa.ed.gov defines independent for possible finaid. OP has to verify it was “legal guardianship.” You are over 18, you can inquire. And if some loophole says you cannot, they will tell you that.
Look at the range of questions in the links, in case other conditions apply, as well.
No, the age 13 does matter. It asks if you were in a legal guardianship at any time after the age of 13. If a court order was issued when you were 8, but was still in effect when you turned 13, you can answer yes. If you were in a foster home when you were 10 and adopted at age 14, you can answer yes. If you were adopted at age 12, then it is no.
You can fill out the forms as ‘yes’ and claim you are independent, but you are going to be selected for verification and they are going to ask for proof. Will they accept a statement from one of your aunts? I don’t know. From your GC? Don’t know. The more information and documentation you have the easier it will be for you.
Did anyone receive social security benefits for you? If so, there might be a record connected to your SSN as it is likely proof of guardianship was required before the checks were issued. It might be a lead for you to the track down paperwork.
If you can answer Yes to any of the following questions, you are considered an independent student on the 2015-2016 Free Application for Federal Student Aid (FAFSA), and you generally will not need to provide your parents’ information.
“At any time since you turned age 13, were both your parents deceased, were you in foster care or were you a dependent or ward of the court?”
“As determined by a court in your state of legal residence, are you or were you an emancipated minor?”
“As determined by a court in your state of legal residence, are you or were you in legal guardianship?”
"At any time on or after July 1, 2014, did your high school or school district homeless liaison determine that you were an unaccompanied youth who was homeless or were self-supporting and at risk of being homeless?
“At any time on or after July 1, 2014, did the director of an emergency shelter or transitional housing program funded by the U.S. Department of Housing and Urban Development determine that you were an unaccompanied youth who was homeless or were self-supporting and at risk of being homeless?”
So let me ask another question…assuming, you can check off one of those boxes, I understand that the parents’ info doesn’t need to be provided, but what about the guardian’s?
No, the guardian’s information is not then provided. The student is declared ‘independent’ and then uses his/her owni information as far as income and assets.
If you think you have legit independent status, please read up- the definitions, how you do meet them and how the various colleges say they may request info. Be informed, no later surprises.