Legal Question in Family Law in Arizona
Child guardianship after death of natural parents
I am a single adoptive parent of a minor child, I have no siblings and both of my parents are dead. Can I give directions in my will as to who should act as guardian to my child if I die before he is an adult? Will these instructions be binding? Will the guardian of my choice need to file for legal status upon my death? Will the fact that I reside in Illinois and the guardian lives in Texas have any effect?
Thank you for your time.
1 Answer from Attorneys
Re: Child guardianship after death of natural parents
In general you can name a guardian in your will. It will be binding unless someone else steps forward and petitions the court for them to be appointed guardian. However they would need to show good cause as to why your choice of guardian should not be binding. I suggest you contact an attorney ASAP to discuss this issue in great detail.
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