They must have the time and resources to look after a dependent. However, it's important that you select someone who is happy to take on the responsibility and who will care for your child in a manner you agree with.Ī legal guardian must be at least 18 years old and of sound mind and body. The guardian you ask the court to appoint does not need to be related to you. You can restate your wishes for guardianship in a will or parenting plan as long as you don't contradict information from your standby guardianship form. If only one parent has legal custody, some states require the noncustodial parent's consent, while other states just give the noncustodial parent the right to object. If a child has two parents with legal custody, both must consent to the standby guardian. In certain states, a parent can only name a standby guardian if they're likely to need one in the near future - for instance, if they have a terminal illness or face deportation. Should guardianship become necessary while you're still alive, you will retain your parental rights after a guardian is appointed. The guardianship does not begin until a triggering event occurs, such as your death or incapacitation. You usually file this with the court before your child actually needs a guardian, and you may have to go to a hearing to finalize your selection. Many states have a standby guardianship form available online or at courthouses. Is there a legal form for guardianship of a child in case of death? In case any questions arise after your death, it's a good idea to briefly explain your reasoning in the document and have it notarized. Make sure to follow your state's rules for parenting plans or wills. With this approach, parents agree on a guardian and sign together, which avoids the complication of each parent writing a different guardian in their will. If you're divorced or separated you can use a parenting plan instead of a will. For example, a parent with sole custody might write in a will that, upon their death, their first preference would be for the child's other parent to take custody and their second preference would be for the child's uncle to take guardianship. Guardianship, on the other hand, becomes necessary when both parents are unable to provide care. Custody generally applies when parents divorce or separate. May I use a will for child custody?Ĭhild custody and guardianship are different. In these cases, your role as a parent is to tell the court your wishes and any relevant facts ahead of time. They base the decision on what's best for the child and may let mature children weigh in. In many states, courts have final say on who becomes a guardian. Keep in mind that guardianship would only be necessary if your child's other parent were also dead or unable to care for your child sufficiently. Write your wishes down in a legal document, such as a will, parenting plan or government form. No matter what, don't assume whom guardianship of your child would go to after your death. A family lawyer can help you navigate the process in your state. state has its own guardianship requirements. How to make someone a legal guardian in case of deathĮach U.S. Generally, a child requires either parental care or a legal guardian until the age of 18. If the ward cannot live in the guardian's home safely due to a disability, the guardian must set them up in an appropriate facility. The guardian must provide food, housing, medical care, education, protection and other essentials for the ward. Make My Plan Now What exactly is a legal guardian?Ī guardian is legally responsible for the care of a ward, who is someone (often a child) unable to care for themselves.
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