Legal Question in Family Law in Massachusetts
If my friend died and wanted me to be guardian to her 17-year-old son (in her will), even though she has parents who are alive, could I be still the legal guardian of that child? Is it most likely I will get the child or the grandparents?
Can that child say he doesn't want a guardian and can live on his own (even though he is below 18)?
2 Answers from Attorneys
I'm sorry to hear that you lost your friend. The court will appoint a guardian based upon the best interests of the child. The fact that your deceased friend nominated you will be weighed by the court, as will the wishes of a grown child.
My condolences on your loss. The Court will take into consideration the wishes of your friend as well as those of the child, but in the end will act in what they consider to be the best interest of the child. At 17 the child can seek to be emancipated if the child can show it can support and take care of itself.
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