MEDIA CONTACT INFORMATION
For media inquiries or to request a LegalZoom press kit, please contact:
Johanna Namir
LegalZoom.com, Inc
323-962-8600 x2310
press@legalzoom.com
LEGALZOOM NEWSLETTER
Sign up for our monthly newsletter, always packed full of helpful tips and informative articles.
Article Center
Protect Your Children: Pick a Guardian
-
May 2010
There’s a very good reason why parents should select guardians. If parents don’t, a judge will pick the person who will act as parent to your surviving child. That is exactly why it’s better to be prepared than leave the all-important decision to strangers.
Fortunately, naming a guardian for your children doesn’t have to be a painful process. In fact, the hardest decision is often who to ask to fill that role. Still need convincing? Then read on, because we’ve prepared a few pointers that will make the process easier than you ever thought it could be.
Choosing a Guardian
By law all minor children must be raised by adults. As a parent you are the natural guardian. In the event of your death, a guardian becomes the parent. A guardian has the same rights and duties as a parent and will raise the child until the age of 18, referred to as the age of majority.
Although each state makes it own rules, guardians generally must be over the age of 18. Other factors parents might want to consider when choosing a guardian: Does the one you’re thinking of share your moral beliefs? Is the candidate physically able to do the job? Would the candidate raise your children as you would? Is the financial situation such that the guardian could afford to raise your children? Only you and your spouse can answer these important questions.
Naming Multiple Guardians
In most cases it’s better to name a single guardian for your children. Some people prefer to choose a guardian couple, such as a sibling and spouse. Keep in mind that if the couple divorces (and more than half of marriages do end in divorce), you will need to rename your guardian if, for example, you only want your blood relative to raise your child.
Should the Guardian Handle the Finances?
One of the most important things to consider is whether you want the same guardian to oversee both your child and the child’s finances. Since children cannot own property, a guardian must be named to manage the estate. You may choose the same person to care for your child and manage the finances or you might decide to choose two different people. For instance, you might name your sister as your minor child’s guardian but knowing she’s terrible at managing money, choose your brother to be in charge of the finances. That being said, it’s usually better to have the same person in charge of both your child and the finances.
Ask Before You Name Someone As a Guardian
This might seem obvious, but before naming anyone to be guardian of your minor child ask before you put it in writing. While you may think your best friend is the perfect person for the job, she might think otherwise. Likewise, your situation might change. The best friend who supported you when your children were young might not be interested now that they are all teenagers.
Most Viewed in Estate Planning Basics
Comments
Submitted by on Apr 27, 2010 - 7:34PM
me and my husban have three children we are looking to fill out a guardian form for our childre. My question is this we want to put his parents down as the ones we want to have the kids if something happens to us. However we are really close to them and we offten travel with them everywere. My question i think we should fill out a secounday form for a nother person just in case something happens to us and them when we are travling together should i do that ? if so how would i go about doing that.
Submitted by on May 19, 2010 - 4:18PM
i had a gardian appointed for my cildern in case something happened to me or if for some reason i was unable to take care of them however it been over a year since i have had it done. lately child welfare has taken one of them out of my home and im hireing a lawyer because they didnt have the right to take my child for the reason they to the child my oter child had went to visit the gardian right before hand however the gardian still has the child but they wont give the other chld to the gardian why?
Submitted by on May 27, 2010 - 10:30AM
We'd love to help, but our specialty is legal documents, not legal advice. We can help you find a lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Jun 4, 2010 - 12:00AM
what form would we need since my husband and i am are going out of the states and our kids are not. what form would we need for only a week or so so that if anything medically should happen to our kids that the people we want to make the health decisions would have the legal right? we leave this weekend, please send help asap since my husband is a very bad procratinator.
Submitted by on Jun 9, 2010 - 8:21PM
What form do you use? i have full guardianship of 3 of my daughter's children that she abandoned. One was recently diagnosed with a rare brain disorder. we have to take her to a special neurologist that is 5 hours away. the other children stay with my son. if they get sick I need a form for the doctor, dentist and local hospital: so that they can get treated while we are gone.
Submitted by on Jun 16, 2010 - 9:58AM
Thanks for the questions. We'd love to help, but we don't currently offer the types of documents you're looking for. However, we can certainly help you find a lawyer to answer your questions. Check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Jun 16, 2010 - 5:24PM
We'd love to help, but our specialty is assisting with legal documents, and unfortunately we can't offer any type of legal advice. We can help you find a lawyer to answer your questions, though. You may want to check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Aug 31, 2010 - 9:49PM
i took my niece for admission to the school. unfortunately it was the last day for the admission. My sister asked for the help since she works out of town and could not get the day off for her child. So I took my niece to the school. the school denied simply because I was not the parent of the child. is this right? Please reply asap
Regards,
anonymous
Submitted by on Sep 3, 2010 - 3:29PM
Hello, we'd love to help, but our specialty is legal documents, not legal advice. We can help you find a lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Jun 17, 2010 - 2:17PM
I would like to change the legal guardian for my children but nothing else in my will - do you have a document for that or must I change the entire will?
Submitted by on Jun 25, 2010 - 4:29PM
Hi Denise, if you've created a Will through LegalZoom, we can definitely help you revise it. Though if not, we can't revise Wills we didn't make, but we can help you create a brand new Will to replace your old one! Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions.
Submitted by on Mar 30, 2011 - 8:47AM
I would like to change my will. Please advise.
Thank you,
Hendrika Osterhoudt
Submitted by on Apr 22, 2011 - 5:07PM
Hi Hendrika, we'd be glad to help you with changing your Will. Email us at customercare@legalzoom.com or give us a call at 1-800-773-0888 (6am-7pm PST, M-F) and we'll get right on it!
Submitted by on Sep 5, 2010 - 7:30AM
Do you have a separate form for guardianship? My daughter-in-law abandoned the family about 4+ months ago and moved to another country. My son is devistated and we need to take charge of the children for awhile to ensure they are properly and thoroughly cared for. We are the grandparents with no criminal background what-so-ever and are financially able to do this. Thank you for your reply.
Submitted by on Sep 22, 2010 - 12:10PM
Hi Barbara, thanks for your inquiry. Unfortunately, LegalZoom at this time does not offer documents for Guardianship. We can help you find an attorney that may be able to assist you though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Jun 28, 2010 - 11:30PM
Our 23 year old daughter is autistic and mr,among other diagnosis. It has been a life dominating experience for us. we put off legal guardianship filing for too long and knew better. Costs have always seemed enormous. are there any forms you provide in your services that could reduce our costs, yet fill the need. We are 60 and decisions for her future are overdue and require legal documents, we know. Any suggestions as to how we can file the guardianship documents ourselves to save some of the costs?
Submitted by on Jul 15, 2010 - 10:40AM
Thanks for your question. Unfortunately LegalZoom at this time does not offer adult guardianship documents. However we can help you find an attorney to assist you with that type of document. Please refer to http://attorneyconnect.legalzoom.com
Submitted by on Jul 30, 2010 - 11:53AM
How do I get guardianship ( or some type of rights ) for an adult child with schizaprenia, in prison, SO THAT I can be told if he is taking his MEDICINE and if his HEALTH is okay ??
Submitted by on Aug 13, 2010 - 9:34AM
I am looking for a form for guardingship for my adult friend who is 88 years old. He ask me to become his guarding in Florida
Thomas Vollaro
Submitted by on Sep 26, 2010 - 5:30PM
My mother in law has had a stroke and has the beginning stages
of Alziemers her husband died this week.Her children
need the legal authority to handle her finances and medical
concerns. Where do they go and what do they do??
My sister in law said there needs to be joint guardianship
to help her because she can not even sign her own name.
Any help or suggestions would be appreciated.
Thanks
Mike S.
Submitted by on Oct 7, 2010 - 12:37PM
Hi Mike, and thanks for your question. We are so sorry to hear about your situation, and we'd like to extend our deepest condolences for your loss. We do, however, have to remind you that our specialty is legal documents, not legal advice. We can help you find a lawyer to answer your legal questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com With that said, we do offer Power of Attorney documents which may be able to assist you. Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. Or get started right away at: http://www.legalzoom.com/power-of-attorney/power-of-attorney-overview.html
Submitted by on Oct 22, 2010 - 4:48PM
How do I get started with Guardianship of my adult son? He has been declared mentally disabled.
Submitted by on Nov 19, 2010 - 2:00PM
Hi Sue, thanks for your question. Unfortunately, LegalZoom does not offer adult guardianship documents at this time. If you want help finding an attorney, try our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Oct 28, 2010 - 5:20AM
I would like information on becoming the legal guardian for my father. he and my mother have lived with me for the last year and before that he and my mother lived in a motor home in my driveway 8 months of the year and the other 4 months they lived in arizona.
My motherhas early alzheimer’s.
I have 6 brothers and sisters and it's getting dificult to get everyonr to agree on what is the correct action to take.
Someone needs to be in charge.
Submitted by on Nov 23, 2010 - 10:38AM
Hi Joe, thanks for your inquiry. LegalZoom makes creating legal documents easy and affordable, but unfortunately we currently do not offer services for Guardianship. If you want help finding an attorney, try our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Oct 30, 2010 - 8:28AM
I need to help my son. He is a severe alcoholic, he is showing signs of mental problems. I would like to get guardianship of him. He has been to eight rehabs in two years and sevens hospitals. He is 31 years old, is this request possible.
Submitted by on Nov 23, 2010 - 10:50AM
Hi Karen, we are sorry to hear of the situation you are facing. Unfortunately, LegalZoom does not ofer Guardianship documents at this time. However, we can help you find an affordable attorney to assist you with this process. Take a look at http://attorneyconnect.legalzoom.com
Submitted by on Aug 27, 2010 - 5:04PM
Hello Thomas, and thank you for your question. Unfortunately, we can't give specific legal advice about guardianship wishes. If you want help finding an attorney, try our attorney referral network: http://attorneyconnect.legalzoom.com With that said, we do offer both Financial and Medical Power of Attorney documents that may assist you Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. Or get started right away at: http://www.legalzoom.com/power-of-attorney/power-of-attorney-overview.html or http://www.legalzoom.com/living-wills/living-wills-overview.html
Submitted by on Apr 6, 2011 - 1:19PM
My niece and the father of the child wants me to have Guardianship of their Daughter because they needs help at this time. They don't want to go thru the Court system nor do I want to take away there parental rights as the parents. I just will be the caretaker of the child until they both want to teminate those rights of me as the guardian.
Submitted by on May 3, 2011 - 8:09AM
Hi Frankie. Thanks for your inquiry. While LegalZoom makes creating legal documents easy and afforadble, we unfortunately do not offer guardianship documents. Feel free to contact our Attorney Services Department at http://attorneyconnect.legalzoom.com/ to search for an affordable attorney in your area to assist and advise you on this situation.
Submitted by on Apr 23, 2011 - 9:52AM
I babysit my Grandson 2 days a week + overnight between those days. I am looking for a form his parents can sign so that if while he is in my care if a medical emergency should occur I will be legally able to make an emergency medical decision & that the hospital will accept it as legally binding. I just want to be able to start treatment.
Submitted by on May 4, 2011 - 1:18PM
Hi Ann, thanks for your inquiry. Unfortunately, we do not offer the form you are seeking. However, we may be able to help you find an attorney who can assist you, try: http://attorneyconnect.legalzoom.com
Submitted by on Jun 1, 2011 - 9:03AM
my little sister is not living in the best situation and i want to have at least temporary guardianship until things get back in order what forms would i need to fill out in order to get some legal president stating that i will be her guardian until her home situation is more stable?
Submitted by on Jun 23, 2011 - 9:00AM
Hi, thanks for thinking of LegalZoom. We'd love to help, but we unfortunately do not offer any forms for temporary guardianship. You may want to refer to an attorney for assistance. Also, just to let you know, you can get free legal advice on the LegalZoom Facebook page every Friday. Check out Free Joe Friday: http://zoo.mn/FreeJoe.
Submitted by on Aug 7, 2011 - 11:37AM
how do i get the form to fill out for legalguardianship after the parent passes away? can it be done without a attorney
Submitted by on Oct 10, 2011 - 9:49AM
Hi, thank so much for your inquiry. Unfortunately, at this time we do not offer legal guardainship documents. However, you can get free legal advice on the LegalZoom Facebook page every Friday and Tuesday. Check out Free Joe: http://zoo.mn/FreeJoe.
Submitted by on Dec 7, 2011 - 1:56PM
My wife and I are going to be keeping our grand children (in Florida)while our daughter moves back to Puerto Rico and finishes school. Do you have a form that will allow us to seek medical attention and handle other unexpected events. As well as being able to sign any paper work for school,sports etc.
Submitted by on Jan 28, 2012 - 1:46PM
My grand daughter has lived with me most of her life, she is 13 at this time. My daughter is unable to care for her, and wants to give me full custody of my grand daugher, which I want. I do not have money for a attorney, but hope you can help with this. I live in Florida, Pinellas County. My grand daughter does want to live with me also. Her mother is unstable, and she needs a stable environment, especially at this age! I dont want child support or anything, but just full custody, which my daughter agrees on. I dont think this is a complicated case, since she is willing to give me full custody. Father is listed unknown on birth certificate. Thank you, Diana
Submitted by on Feb 21, 2012 - 11:59AM
Thanks for thinking of LegalZoom. LegalZoom makes creating legal documents easy and affordable, but since we're not a law firm, we can't give specific legal advice regarding your grand daughter. However, you can get free legal advice on the LegalZoom Facebook page every Friday and Tuesday. Check out Free Joe: http://zoo.mn/FreeJoe.
Please note that we can’t answer legal questions in the article comments. If you have a specific legal question, click here to connect with an attorney.