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THE HEALTH RIGHTS PROJECT

Who can be a guardian of a child in the absence of parents or the legal guardian?

Where both parents and legal guardians are incapacitated due to HIV AIDS, the older sibling can act as a legal guardian for their younger siblings, if the older sibling is:

  1. between 12 and 18 years old, and
  2. has sufficient maturity, and
  3. is managing the family because both parents and the legal guardian are incapacitated due to HIV/AIDS.

This allows them to handle school admissions, bank accounts, property, care, and treatment on behalf of younger siblings.

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