Legal Question in Family Law in California
i need a power of attorney form or letter stateing that of something were to ever happen to me or my husband my kids would go to my parents
2 Answers from Attorneys
What you need is a Will appointing guardianship for your children. You should contact an attorney in your area to help you draft the document.
Mr. Betinol is not entirely correct. A will is a common way to nominate a guardian for your children in case they are orphaned, but it is not the only way. Anything that clearly makes your wishes known will do. In addition, you should be aware that nothing you document before your death regarding guardianship of your children will be binding once you die. Someone still has to apply for guardianship, and if it is disputed the courts will decide whom they go to. Your wishes will only be one, very slight, consideration in the matter. That is why the formalities of how you make your wishes known are not very important.