Does it matter who has sole guardianship, the service member or the spouse, when trying to enroll someone in DEERS?

Thanks for the question Sgt. Baron

Is there a reason you can't do joint guardians?

I am not a lawyer, but just looking at it from a common sense angle, it would not make sense for the courts to award you sole guardianship of your brother-in-law instead of your wife (provided your wife is legally competent, which I assume she is). I do not know if you can enroll your wife's dependent in DEERS, it would be much easier for everyone if she was your DIRECT dependent (i.e. you are a legal guardian). It would make sense to me that if your wife lives with you, and your wife is the legal guardian, then your brother-in-law would also be your dependent.

But all of that is using common sense. The rules / law don't always follow common sense. If you can legally be joint guardians, it resolves any and all questions.

I just re-read this. The answer is NO. He has to be your dependent. If you marry a person and they have kids then your wife and their father are the guardians. If you want to enroll them in Deers then you have to adopt them. I had a friend go through this. It can be risky. It is a legal thing that is done through your state and can have lasting impact.