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  #1  
Old 07-30-2009, 02:40 PM
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Question Regarding Legal Guardianship


What is the name of your state (NC)?

I am a US citizen (born in the US) and moved to the US from India 4 years ago. My uncle from North Carolina became my legal guardian with consent of my parents. I went to high school in NC and now go to college (out of state) at Georgia Tech. I still list myself as a legal resident of NC.

The question I have is this: I am 19 years old, an adult- but am I still considered a legal dependent of my uncle? Can I still call North Carolina my legal residence since my uncle lives there? If so, what is the age limit until I become an "independent"?
  #2  
Old 07-30-2009, 02:59 PM
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Quote:
Originally Posted by sm3890 View Post
What is the name of your state (NC)?

I am a US citizen (born in the US) and moved to the US from India 4 years ago. My uncle from North Carolina became my legal guardian with consent of my parents. I went to high school in NC and now go to college (out of state) at Georgia Tech. I still list myself as a legal resident of NC.

The question I have is this: I am 19 years old, an adult- but am I still considered a legal dependent of my uncle? Can I still call North Carolina my legal residence since my uncle lives there? If so, what is the age limit until I become an "independent"?
You would still be a legal resident of NC. You may still be your uncle's dependent, depending on whether or not you are working and how much you earn. If you are providing more than 50% of your own support, either through earnings or student loans, then you would not be your uncle's dependent for tax purposes. However, for financial aid purposes, you remain your uncle's dependent until age 24, or unless a qualifying event (such as getting married, or having a child, or entering the military) changes that.

I hope that answered your question. If it did not, you need to give us the background information regarding your question.
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  #3  
Old 07-30-2009, 03:25 PM
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Join Date: Jul 2009
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I am concerned about health insurance/medicaid.

I easily pay more than 50% for myself- I pay for myself for all 9 months I am in school, including my tuition; the loans I have taken are also under my name.

If I apply to North Carolina Medicaid, they ask me to provide my legal guardian's income information (which would make me ineligible) and as for health insurance- I have the family plan that my uncle's company provides, but God forbid something big happened, I don't know whether the insurance company would find my dependency/independence a reasonable ground to argue and not pay for my health coverage.

Any advice?

Edit: I forgot to mention, that the medical certificate of the Insurance provider mentions that they provide insurance to legal dependents until the age of 25. So I was just concerned as to whether I really am still a legal dependent or not.

Last edited by sm3890; 07-30-2009 at 03:29 PM. Reason: left out a key point
  #4  
Old 07-30-2009, 04:23 PM
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Join Date: May 2004
Posts: 41,305
Quote:
Originally Posted by sm3890 View Post
I am concerned about health insurance/medicaid.

I easily pay more than 50% for myself- I pay for myself for all 9 months I am in school, including my tuition; the loans I have taken are also under my name.

If I apply to North Carolina Medicaid, they ask me to provide my legal guardian's income information (which would make me ineligible) and as for health insurance- I have the family plan that my uncle's company provides, but God forbid something big happened, I don't know whether the insurance company would find my dependency/independence a reasonable ground to argue and not pay for my health coverage.

Any advice?

Edit: I forgot to mention, that the medical certificate of the Insurance provider mentions that they provide insurance to legal dependents until the age of 25. So I was just concerned as to whether I really am still a legal dependent or not.
Generally a parent or guardian can continue to insure a child while they are in college. I don't think that you have to worry about that. However, you could always purchase your own insurance. Its generally not too expensive for a 19 year old.
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