Legal Question in Family Law in Oregon

children

My wife and I want to make sure, in the event of our deaths, that the responsibility for the care and guardianship of our child be given over to the people of our choice. Is there a legal form that we can file ourselves that will insure this. Thank you.


Asked on 10/09/01, 11:16 pm

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Planning for child in case of parents' deaths.

YOUR QUESTION;

My wife and I want to make sure, in the event of our deaths, that the responsibility for the care and guardianship of our child be given over to the people of our choice. Is there a legal form that we can file ourselves that will insure this?

ANSWER:

No, there is no form you can file. But what you can do is have each parent prepare a will that "nominates" a person (or persons) to be the guardian(s) of the children in the event both parents should die while the children are minors.

While there is no absolute guarantee that your "nomination" will be controlling (since it is ultimately up to a judge to make the final determination), your choice will be given priority consideration (and will generally be followed, absent some compelling reason for not doing so).

Lawrence D. Gorin

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Answered on 11/22/01, 1:48 am


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