If the older brother is an adult, a Durable Power of Attorney and Appointment of Guardian can be used. It should be drafted by a lawyer. However, there are dangers in using such a document. For example, if you are in a situation where child custody may become contested, then the Durable Power of Attorney and Appointment of Guardian document could be used against you to argue that you have been unwilling or unable to care for your younger child. Consult an experienced family law attorney before taking any action.
Answered on Feb 01st, 2016 at 5:33 PM