Legal Question in Wills and Trusts in California

Petition the court to be appointed guardian of the person and estate of your brother's children, for an order from the court, appointing you guardian, and letters issued from the court; this will enable you to obtain all of the benefits our society has for the chilldren, as you will have the legal authority to act on behalf of the children, and can show the order to any agency requesting to see your authority to act on behalf of the children, while they are minors.

Mr. Waid is correct. The notarized letter is of no legal effect unless it somehow qualifies as a full durable power of attorney, and even then it would not be effective as to the children. You need to use the letter as evidence that you are the proper guardian for the minors when you apply to be their guardians. You also need to use it to apply for conservatorship of your brother so you can make medical and financial decisions for him and tend to his affairs for him. Without court orders you have no legal power to do anything for him or his children.

Find a lawyer who handles guardianships and conservatorships. Without more information on your brother, his estate, and his children, it is not possible to advise you here. I agree with prior counsel that you may need a guardianship or conservatorship of some sort, and that it is unclear whether the letter has any legal effect (it clearly has no effect as to the children).

You need personalized guidance here, and we simply cannot provide that in this forum. Obviously, however, there are "extra-legal" obligations that come from being the brother and uncle of those who are concerned. Making sure your brother is as comfortable as possible and his children have food and shelter should be foremost in your mind without worrying too much about whether it is "the legal" thing to do.