Legal Question in Wills and Trusts in California
Appointment of a Guardian
Is there a simple form I can obtain to appoint my sister as
guardian of my child? I cannot afford an attorney. My husband and I do not want his family to get custody if something should happen to both of us.
4 Answers from Attorneys
Re: Appointment of a Guardian
The Los Angeles Superior Court at 111 No. Hill Street has a pro bono program for getting guardianships. It is open M-T from 10:00-12:00 and it is across the hall from Room 258. The nomination is only the first step. You have to file a petition with the court and attach that nomination to the petition. If you cannot afford $518.00 filing and investigation you can get a fee waiver.
Re: Appointment of a Guardian
The law allows a written nomination of guardian, so a simple statement should suffice. It's usually done in a will, though, so check your local library for self-help books for making your own wills--they should also have guardian provisions.
It's safer to have an attorney do this, and it shouldn't be too expensive, but if that's out of the question, try the library.
Re: Appointment of a Guardian
All you need is a writing that states that intention, is signed by you and your husband. For example, "We, the undersigned, nominate ***, as the guardian of estate and person for ***, should one be needed. The Guardian shall serve (with) or (***without) bond." You can also do this in your wills.
Re: Appointment of a Guardian
If you have other assets, such as a home or bank accounts, you should make your intentions in a trust. Wills still need to go through probate, and could delay the placement of your child with the person you want. A will is more easily contested.
They are not as expensive as you might think.