How to Legally Appoint a Guardian to Your Child

Parents prepare for the worst by writing a will. In their will, the parents legally appoint a guardian just in case they die before the child becomes an adult. The assignment provides full parental rights to the new guardian and allows the guardian to make choices about the child and the child’s assets. Parents who don’t know where to start reading about how to legally appoint a guardian to their child.

Choose Someone You Trust

Choose someone you trust to be your child’s new guardian. Parents review family members and friends when choosing a new guardian. For most, the parent tries to find someone who is the most like them and shared the same beliefs and values. It’s vital to review all aspects of the individual and ensure that they don’t present a risk to the child. Family members who weren’t selected could contest your will if they have believed the individual poses a risk to your child. Strong stipulations in the will could lower the chances of legal interference by your family.

Select One Alternative Guardian

An alternative guardian is selected as a precautionary measure. The alternative receives guardianship if the first choice has died or doesn’t wish to raise the child for whatever reason. If providing guardianship to a couple, the parent should provide custody of the child to both individuals. However, stipulations are added to prevent issues if the couple divorces in the future. Parents who want to review further details about choosing alternative guardians visit adzlaw.com for more information.

What are the Requirements for a Guardian?

According to the legal requirements for becoming a legal guardian, the new guardian must be at least 18 or the age of majority in the state where the biological parents live. He or she must have the physical ability to fulfill the responsibilities of raising a child. The new guardian must have adequate time to devote to raising the child and fulfilling the basic needs of the child. The individual must have the ability to support the child financially or receive monetary assets from the biological parent through the parent’s will.

File All Legal Documents Required for a Guardianship

The biological parents must file a petition with the court that awards a guardianship to the individual they choose. All documents must be in order according to the most recent state or federal laws. The petition could provide the new guardian the right to adopt the child. An executor provides the guardianship documents to the individual when the biological parent or parents die. The responsibilities of becoming a legal guardian are explained when the guardianship assignment starts.

After the parents die, the court might assign a caseworker to ensure that the guardian meets all the requirements as directed by the law. A home study is conducted to ensure that the new guardian has adequate space for the child and has the ability to support the child financially until adulthood.

Write a Letter to Your Selected Guardian

Parents are advised to write a letter to the new guardian and explain why the parents have selected them. The details explain what the parents want for their child and provide information about any monetary assets provided for the child.

Guardianship assignments aren’t initiated by a family member in every case. In some, the parents have made the conscious choice to give parental rights to a family member or trusted friend. The assignments are valid if both parents die while the child is still a minor. Preparing for the worst now gives parents full control over who raises their child in their absence.

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Girl on Fire

Photographer at Loudmouth Photography

Brandy is the wife to a carpenter/musician and the mother of 3 amazingly awesome homeschool/unschooled girls. Brandy is a Photographer as well as a Coach for the Weebellion as part of Rolling Rebellion Jr. Roller Derby. Brandy is passionate about many things and suffers from a very painful and degenerative neurological disease called CRPS/RSD.

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