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Legal Guardianship

Last post 03-30-2011 11:06 AM by grame. 13 replies.
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  • 08-18-2010 1:43 PM

    • Brandy
    • Top 10 Contributor
    • Joined on 03-28-2007
    • Saving in South Mississippi
    • Posts 25,145

    Legal Guardianship

    Thinking of a time where we may not be on this earth is not usually pleasant but we each each will make this journey. It is better to be prepared.  

    Have you chosen a legal guardian for your child?

     

    The Dollar Stretcher Community Manager



  • 08-18-2010 1:57 PM In reply to

    Re: Legal Guardianship

    Yes. DH and I just updated our wills to include our new son. The kids' legal guardian has always been my sister. It was easy to choose her, because she already has kids (so she knows what to expect), she worships the same way we do, and is in good enough health to chase after our children.

    Edited to add: The attorney who drafted our updated wills informed us that in most states, children over the age of 14 can choose their guardians, even if it conflicts with their parents' wills. I thought that was interesting.

    Stacie

    http://holdinghandswithmyhoney.blogspot.com/
  • 08-18-2010 2:50 PM In reply to

    Re: Legal Guardianship

    Yes, DH and I have done this. His brother and wife. Same religious beliefs, have children and are good parents. But adding 3 kids to their 4 kiddos will strain their household. But money won't be an issue if something were to happen to DH or me.

    We decided against our respective parents only due to age. All are in their 70s and have health issues that would hinder being able to care for small children. My dad actually told me "I love your children but b/c of my health, you have to name someone else as a guardian." I respected his wishes and was glad he spoke to me about this.

    That reminds me, I need to call our life insurance company and add baby girl as a beneficiary. Otherwise, her brothers would get the insurance money (in trust) and she would get nothing.

    Erika
  • 08-18-2010 6:32 PM In reply to

    Re: Legal Guardianship

    no...we are bad and haven't done a will yet!  need to do it. would pick dh sister and my mom as joint guardians.  money wouldn't be an issue for raising them. 

    dh sister is the only sibling I think who could handle it ..she is unmarried and no kids...is a teacher so it works and my mom for helping. dh parents are too old and not heathly enough.

    Officially recognized Stretchpert in Hobbies and Crafts
  • 03-28-2011 2:52 PM In reply to

    • grame
    • Top 50 Contributor
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    • Joined on 02-22-2011
    • Kingdom of Callaway
    • Posts 1,950

    Re: Legal Guardianship

    MarthaMFI:

    no...we are bad and haven't done a will yet!  need to do it. would pick dh sister and my mom as joint guardians.  money wouldn't be an issue for raising them. 

    dh sister is the only sibling I think who could handle it ..she is unmarried and no kids...is a teacher so it works and my mom for helping. dh parents are too old and not heathly enough.


    I have no idea as to Canadian probate laws, and in fact want to caution anyone to seek legal advise as each state has its own probate code, but this is not a good idea.  Any time a decision is required, both your DH's sister and your mom would both need to sign each piece of paper if co-guardians.  Think how many times you sign things giving consent for field trips, sign off on homework, enroll in camps, etc.

    My suggestion would be to name the individual who your children would be living with.  Name the other one to take over as Successor Guardian if needed.

    My job is to serve as guardian of 187 individuals.  Eight  of those are children whose parents did not name anyone,  Please take care of this ASAP to protect your children & their well-being.  You do not want a GAL to make the decision & in a time of crises, have them in the care of the state until a decision is made.   Please call an attorney today.

    teresa

    I declare to you that woman must not depend upon the protection of man, but must be taught to protect herself, and there I take my stand. ~Susan B. Anthony
  • 03-28-2011 3:03 PM In reply to

    Re: Legal Guardianship

    thanks for your thoughts.  you can have co guardians but the person who has custody gets to decide most things so two signatures are not needed all the time.  I know this from divorced or separated friends.  

    frankly since we are older parents with limited options for guardians. dh sister is 51 already. my youngest sister could do it but has a useless husband, my brother could not handle it so my mom would be doing it and my other sister is wrecking her own kid so don't need that happening to mine.  dh parents are too old and sick so since my mom is younger then them and healthlier.   dh sister is a kindergarten teacher and single so she has experience and no dh to object :)

    Officially recognized Stretchpert in Hobbies and Crafts
  • 03-28-2011 3:17 PM In reply to

    • grame
    • Top 50 Contributor
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    • Joined on 02-22-2011
    • Kingdom of Callaway
    • Posts 1,950

    Re: Legal Guardianship

     Good to hear that in Canada the law is different as to the signatures.  Everyday I deal with children whos parents did not take care of this & those kids are terrified on top of grieving. 

    Besides what I do for a living, I also am guardian of my wonderful granddaughter, Amira.  I've  had her since babyhood.  I'm 53 with some health issues so I have my brother and his partner (she is much younger than him and a wonderful mother) designated as Successor if needed.

    I declare to you that woman must not depend upon the protection of man, but must be taught to protect herself, and there I take my stand. ~Susan B. Anthony
  • 03-28-2011 7:19 PM In reply to

    Re: Legal Guardianship

    grame:
    Think how many times you sign things giving consent for field trips, sign off on homework, enroll in camps, etc

    I'm confused by this, why do both guardians have to sign things like that?  My DH rarely signs anything to do with the kids, I do it.  Just today in fact, I signed the swim lessons release and agreement but did not have to have DH sign too.  I can't even remember the last time he was required to sign something.  Is it because they wouldn't be living together?  Just interested . . .

    I worked as a CASA for a couple of years and have great respect for the GALs, I'm glad you are there to help so many children in need Teresa.  It's a big job!

  • 03-29-2011 8:02 AM In reply to

    Re: Legal Guardianship

    Well, I have DH chosen as DD's guardian; he is technically her step-dad.  However, we know that if DD's bio-dad fought this, then DD could end up leaving the only dad she's ever really known and who has raised her.  I have a policy to cover DD if anything were to happen to me and I have my mother listed as the guardian of that account.  I did that b/c I know that wherever my DD would end up, my mom will take care of her in the best manner possible and my mom will manage the money in such a way as to leave a sizable portion for college/trade school when DD is older.  My mom is listed as the guardian of that trust until DD hits age 25.

    Legal guardianship goes the other direction, too.  My mom is in process of having her and my dad's wills done right now.  If/when my dad passes, my mom gets everything.  If/when my mom passes, I get everything so that I can take care of my dad if he's still living.  My dad's dementia makes it impossible for her to leave anything to him.  Her POA for him would also be passed to me.

    Officially Recognized Stretchpert in the General forum
  • 03-29-2011 9:12 AM In reply to

    • gayla50
    • Top 10 Contributor
      Female
    • Joined on 09-24-2007
    • Western North Carolina
    • Posts 8,491

    Re: Legal Guardianship

    We did that several years ago we told the family we made hard decesions .... 

    we did let the family know it wash hard to do and we let the kids know ...

    I glad this in place one less thing to deal with

    Gayla

    Officially Recognized Stretchpert in Frugal Food and Cooking and in Slow Cooker Foods



    Purpose is what gives life a meaning
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