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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.
A. A guardian can be appointed by court (in case of parents death or parents have abandoned their child) after following proper procedure in court of law or by way of will (testamentary guardian) where parents want someone to act as guardian of their children after their death.
EXPLANATION OF A PETITION FOR APPOINTMENT OF GUARDIAN(S) A guardianship may be needed if someone cannot take care of him/herself and/or his/her property. The person who needs assistance is the proposed ward. If guardianship is granted, that person will be the ward.
A Guardian usually signs legal documents on behalf of the Ward, chooses an appropriate living situation for the Ward, and grants, withholds, and withdraws consent to medical treatment. In most situations, it is necessary to disclose the Guardian/Ward relationship.
The Family Law Act applies to everyone else who must make decisions about a child. What is Guardianship? A guardian of a child has certain entitlements (rights), responsibilities and powers with respect to that child.
Can a Family Member Who Resides Outside the U.S. Be Appointed as Your Children's Guardian?A U.S. court may be reluctant to appoint a non-U.S. citizen as a guardian if it means allowing the children to be taken outside of the U.S. to live. The court will ultimately look to what is in the best interests of the child.
To appoint legal guardians for your children, you must name them as your chosen guardians in your Will. Before doing this you will need to approach the people you would like to appoint as guardians to find out whether they are willing and able to take on this responsibility.
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. If you're not the parent, you can file a petition requesting that the court appoint you as the child's guardian.
The answer to that starts in the court order awarding guardianship. But, in most states the guardian is not permitted to permanently relocate the child outside of the court's geographic district without the court's approval. Depending on the facts, a court may or may not permit the child to be relocated.