Legal Question in Family Law in Montana
Guardianship
My aunt has adopted her grand daughter. She is older and is in failing health. She is looking for a guardian for grand daughter if anything should happen to her. I told her i would look after her. She said that would be a great match. Would I be named in the will as guardian of child and guardian of estate, which she is fine with also. Or do I need to go through a guardianship process? Or am I just named in her will saying 'I am guardian and guardian of estate'? The grand daugter's mother might make a fuss, but she doesn't have custody of her. She has been in and out of jail, jumping from job to job. Questions: do I have to go through court for guardianship if she names me in her will as guardian and guardian of estate? Another thing is that i live in Montana and they live in California, does this matter?
1 Answer from Attorneys
Re: Guardianship
You say "aunt has adopted" grand daughter, and "mother might make a fuss, but she doesn't have custody." If Aunt legally adopted the child, then Mother's parental rights were legally terminated; she has no legal standing in the matter.
You and Aunt should have a formal document to ensure an orderly transition of legal custody for Child. By "legal custody," I mean the legal authoritiy to make decisions for Child. Although a court might have terminated Mother's rights to Child, what about Father? Unless the court also terminated his rights, he is the logical person to take custody of his biological child.
You certainly don't want to learn too late that Aunt's plans are not legally binding, and that Child's safety net has a hole in it. Aunt should talk to a lawyer in California (which is the Child's legal home state) and have the proper documents drawn up and filed with the California court. This can assure the Child will smoothly transition from Aunt's home to yours when Aunt becomes unable to take care of Child.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
