My sister's daughter is in a coma and is expected to die. She has no will or any legal document pertaining to her 12 year old daughter. My sister, the grandmother, wants custody of the child, but a brother of the 12 year old wants custody also, who has the higher claim to custody, the grandmother or the brother. The father of the child is long gone and out of the picture. The brother is a single man, and the grandmother has raised four children but is a senior citizen. Thanks for the help.

Harry

That's really up to a court to determine. Right now emotion is running on high during this family crisis. The courts may even make a order for evaluation if more then one person tries to step in. Its not about " higher claim " its about best interest of the child. Right now you should be more concerned with a POA ( Power Of Attorney ) then anything at this moment. Someone has to look after things in her moment of need. Also who has the child at this time ?