When choosing a legal guardian, keep in mind that the guardian must have the following factors: Obtain the signed consents of the child`s current guardian. If the child`s parents and current guardian agree to the change of guardianship, they must issue a document indicating that they agree with the proposed agreement. If they only want a temporary change of guardianship, they must indicate the date on which they want to keep the guardianship agreement. Parents and guardians must sign and date documents in front of a notary. Religious preference. If parents have specific desires about their child`s spiritual practices, this is a conversation that should take place with the guardians they appoint. “Good communication is key,” Froum said. “You can`t say in your will, `I call her this and that, and that means she has to make sure my children keep the Sabbath every week. » Financial responsibility. There are two types of guardians of a child: the legal guardian – who has custody of a child, kisses boos and signs permits – and a trustee who manages the deceased parent`s finances reserved for the child. The fiduciary role can be played by a custodian (sometimes used by the courts instead of a guardian), a personal representative, a lawyer or trustee if there is no trust, and a trustee if there is, Brevorka said. There`s no need to split the two roles, but it`s an option if you have concerns about your legal guardian`s money management skills or your trustee`s care skills, or if you want to make sure a larger team of people is responsible for your child`s well-being after your death.

When appointing a trustee, make sure they are someone who is familiar with your child`s needs and lifestyle so there is no tension as to whether riding lessons are a luxury or an important source of comfort and consistency for a grieving child. If you are financially secure, Cheryl Borland, Chair of Griesing Law`s Trusts and Estates Practice Group, has recommended creating a trust so that your children can gradually distribute the funds to them. “Otherwise, they will enter their inheritance at the age of 18 without inhibitions,” she said. “They pick up their cheque from the family`s lawyer and the first stop they make is at the car dealership.” It is not an easy task to be the legal guardian of a minor. There are many responsibilities, including financial obligations and time with the child. If the biological parents are still alive and still have rights over the child, . B such as physical custody or visiting children, they are financially responsible for the child. When their rights have ended, they owe nothing to the care of the child. Certain situations will arise that will allow you to obtain the legal guardianship of the child despite the objections of the parents.

In most cases, it is a matter of proving that the parents are incapable. These applications, as well as a designated guardian who is not the living parent, will not necessarily have legal weight in court, but if there is a disagreement over guardianship and visits, a judge will at least consider these applications. Show that the new guardian is able to take care of the child. The court may ask the proposed guardian to provide proof that he or she is fit to care for the child. They may be asked to do a background check, provide proof of income, and have a state social worker study at home. List the reasons for the change of guardianship. Since a change of guardian and housing can be psychologically difficult for a child, the court can only approve the application if you provide compelling reasons why the new custody agreement is in the best interests of the child. The procedure described above is called “permanent guardianship”. It is necessary to wait until the child reaches the age of 18 or for the court to change the order. In some cases, the child`s situation may require only a temporary change of guardianship.

This can take up to six months. You may want to consider temporary guardianship if: Teamwork: Will your physical guardian and trustee work well together? Lori Arneson, a 60-year-old beautician in Wilsonville, Oregon, was the widow of two daughters-in-law and a biological daughter at the age of 35 when her husband, whose ex-wife had already died, died. She said the other trustee her husband had appointed, an old school friend who didn`t know Arneson well, sympathized with the family of her husband`s first wife, who thought one of the three children should live with them. The disagreement over guardianship led this child to leave Arneson`s home for another parent, resulting in family unrest. “If my co-director had been on my side, he could have handled external influences a little better,” Arneson said. When dividing roles between financial custody and guardianship, Froum said, it`s important to consider whether the two parties get along and work together for the benefit of your child. .