Legal Question in Wills and Trusts in Arizona

Re: Guardianship of my daughter if I should die

I will agree and disagree in part with the previous response given by another attorney.

I agree you should make a will. Be informed that an appointment of guardian in a will can be accomplished without a hearing or a judge. I have done it before, but 99% of the attorneys do not know about it.

If the natural father has not had contact or supported the child, you might want to consider filing a petition to terminate parental rights. See an attorney for details. That way, the absent father cannot appear years later and claim custody, guardianship, or even an inheritance from the child or conservatorship of the child's inheritance he or she receives from your estate or life insurance.

You might need a living trust or a testamentary trust for your child. That would keep the funds of your estate and life insurance out of the hands of the child's father if you were to decease.

If you want to explore these avenues further, we offer a free initial consultation. Call 480.835.1500.

Best regards,

James D. Jenkins

5

Re: Guardianship of my daughter if I should die

You cannot, with absolute certainty, determine who will become the guardian/conservator of your child if something should happen to you. It is the decision of the Court who is appointed as guardian, and the Court decides what/who will act in the best interests of the child.

Anyone can seek appointment as guardian, however, the father and grand parents and relatives have priority for appointment. What you can do, is make a Last Will and Testament which nominates the person or persons you would want appointed as guardian for your daughter. The Will can be put in evidence before the judge and given consideration before the judgment is made. If there is anyone willing to seek appointment as her guardian, then she won't become a ward of the state. If the judge does not find anyone worthy to serve as her guardian, he could make her a ward of the state, but it is unlikely that would happen.

You should take steps immediately, to make a Last Will and a durable health care and a durable financial power of attorney. The POA gives someone the authority to take care of you, in the event that you are incapacitated by accident or illness, and indirectly the authority to take care of your daughter. This is a much more important issue for you to address immediately, as protecting yourself is the most important protection for your daughter.