A guardianship case must generally be filed in the county where the proposed protected person has lived for the previous six months. There are some exceptions to this general rule. Legal counsel is highly recommended to decide where to seek guardianship for someone who hasn`t been to Nevada for six months or more. See Lawyers and Legal Assistance for information on where to get legal advice. If you file guardianship documents yourself, check your state`s family, estate, or substitute court website for the appropriate guardianship documents. Follow these steps: Choose someone you trust and add a clause to your will that says they should raise your children if you ever become unable to work. In your will, designate one person as guardian and one person as substitute (if the former cannot fill the position) for each of your children. It is legal to choose a different guardian for each child. You can even create more than one guardian for a child, although this can cause problems if the co-guardians disagree. Appointing a married couple often works well, but mention both in your will to make sure they have custody/authority to make decisions for your child. Teamwork: Will your physical tutor and curator work well together? Lori Arneson, a 60-year-old beautician from Wilsonville, Oregon, was widowed at the age of 35 with two stepdaughters and a biological daughter when her husband, whose former wife had already died, died.
She said the other administrator 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 move from Arneson`s home to another parent, causing family trouble. “If my co-trustee had been on my side, he could have handled outside influences a little better,” Arneson said. When dividing roles between financial custody and guardianship, Froun said, it`s important to consider whether the two parties will get along and work together for your child`s good. The court may admit an adult brother or sister as guardian. Normally, guardians may not have convictions or have committed abuse, neglect, assault, abandonment or other serious crimes or family offences. It is important that a guardian`s lifestyle works well for the child. Litigants may be appointed by the court to represent the interests of people with mental illness or disability.
For example, the Virginia Code requires the court to appoint a “discreet and competent attorney” or “other discreet and appropriate person” to serve as litigation guardian to protect the interests of a person with a disability. [11] Guardians can invest on behalf of the child and hire appropriate people to protect the child`s property. You can make decisions for the child, enroll them in activities such as sports and music, and travel with the child. According to the court order, the guardian may travel with the child from the state or outside the country. The courts generally have the power to appoint a guardian for a person who is in need of special protection. A guardian who is responsible for both the personal well-being and financial interests of the community is a general guardian. A person may also be appointed as a special guardian who has limited authority over the interests of the ward. For example, a special guardian may have the legal right to decide on the disposition of the ward`s property without having authority over the person of the ward. To obtain legal guardianship, there is a process determined by the state where you and the child live. Where a designated guardian lives may not have a legal influence on the process, but some states prefer a guardian to live in the same state as you. The reason for this is that a court wants to be able to monitor new circumstances. Some states allow a guardian outside the state as long as he or she has a registered agent or an agent resident in the home state.
In virtually all states, a guardian must prove to a court that he or she is willing and able to care for a child.