Can I appoint more than one guardian in my will?
You can appoint more than one guardian and it should be someone you trust to care for your child. If your partner has also made a Will, it is wise to both appoint the same guardians as otherwise this can lead to conflict between the two guardians on the death of the surviving parent.
Can you appoint a guardian in a will?
Your will can appoint one or more guardians for your child in case you and your child’s other parent pass away before your child turns 18. California recognizes two different types of guardians: guardian of property and guardian of the person.
What happens if you don’t appoint a guardian?
If you lose your capacity and you have not appointed someone as your guardian, subject to the operation of the Guardianship Act, there is at that point no one who has the legal capacity to make lifestyle and welfare decisions for you. Not even your spouse or partner or in the case of a child over 18, your parent.
Can you name two guardians in a will?
When writing a will, most people appoint one legal guardian for their children, but you may want to name two people if they’re a couple. You can also appoint guardians for each of your children separately, giving you full control over who they would live with if something happened to you.
How many guardians can I appoint?
You can appoint more than one individual and in fact, many parents choose a married couple to be guardians for their children. You can choose up to four people but two is usually considered a sensible number: the more people you have, the more problems or instability there could be for your child.
Is a step parent a guardian?
Is a Step-Parent a Legal Guardian? A step-parent is not automatically a legal guardian of their step-children. As a step-parent, you do not have the authority to make legal decisions for your stepchild unless you have pursued legal actions to gain this right.
How many guardians can you appoint?
Will designating a guardian?
If a will names a legal guardian, the probate court appoints the guardian pursuant to the will. If a child needs a legal guardian during a parent’s lifetime, the parent or any other interested person must file a petition to have the court appoint a guardian.
How many guardians can you appoint in a will?
Can a sibling be a guardian?
A guardian can be anyone: relatives, friends of the family, or other people suitable to raise the child can ask to be legal guardians.
Can you have 3 guardians?
It’s legal to choose a different guardian for each child. You can even create more than one guardian for one child, though this has the potential to create problems should the co-guardians ever disagree.
Who gets my child if I die?
Only a court can legally take away parental rights. Naming a testamentary guardian in your Will does not end the other parent’s rights. The other parent will get custody of your children if you die, unless both these are true: The other parent is unfit.
Does a stepmother have parental rights?
Stepparents have limited legal rights when their stepchildren are involved. This is due to the fact that a divorce dissolves marriage, not parental rights. Therefore, each biological parent maintains their rights to their child. They do not have any inherent custody or visitation rights as a biological parent would.
What is the difference between guardian and custody?
Custody is determined in Family Court. Guardianship is a court-ordered relationship where an adult is appointed by the court to care for a minor child (“ward”) whose circumstances require it, and to make decisions about the child’s education, support and maintenance. Guardianship is determined in Probate Court.
Who gets your child if you die?
Do godparents take child if parents die?
Many parents assume that if they have appointed a godparent for their child, that the godparent will be able to step in to take care of the children if they were to die, but this is not the case. If both a child’s parents were to die the godparent would not automatically become the child’s guardian.
Can my 17 year old sister move in with me?
2 attorney answers A parent whose parental rights have not been terminated has parental rights, which includes the right to determine where a child lives until the child is 18. If your mother consents, your sister can live with you.
Do legal guardians get paid?
As guardian of the person, you are entitled to compensation for your time, upon court approval. The compensation cannot exceed five percent of the ward’s gross income. Attorney fees and other costs can and should be paid out of the ward’s income, upon court approval.