How to Pick a Guardian
Quick Overview
A legal guardian, the person in charge of the day-to-day care of any children under the age of 18, ideally is:
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Willing to do the job
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Healthy and young enough to stay with the kids until they are 18 They don’t have to be local
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They can also be the trustee
Grandparents
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Double-check age and health - the court wants to permanently place a child
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If they are they best choice, lets support them with resources and financial support as they age
How does the process work?
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The legal guardian needs to be approved by the court
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The court will consider your nomination, but they can select the person they think is best for the job
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If no one is nominated, they will ask everyone in your family if they will serve, before the child is placed in foster care
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An older child has a voice in where they want to stay and the possibility of becoming an emancipated minor (adult legal status) after the age of 16
What if you have international family?
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Make sure to authorize your permanent guardian as well as a temporary local guardian
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Doing an estate plan is more important - you need to authorize resources to help pay for legal expenses, the process is more complex, probate is very bad
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Your international guardian may need to adopt the child to take them overseas
What if I have problematic family members (drug, alcohol, abuse)?
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We can have you prepare a detailed declaration for the judge on why they should never be considered (least private, most effective)
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We can make a simple statement you do not want them to be considered (this will probably work, its not totally private, but does not require disclosing details)
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We can make a long list of who to consider first (most private, but won’t let the judge know that the problematic person is problematic.