What is the best way to obtain guardianship? 10 Answers as of May 18, 2011

Have a 22 year old friend whose stepfather has had a muscle disorder most of his life. His father recently had a heart attack and there is a real concern that this could result in something more serious. The stepfather would like to have his 22 year old stepson be guardian over the 3 underage children that are in the household. What is the easiest and quickest way to do this? Making a will? Anything else?

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Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
He can petition the court for guardianship. He can also name the person as guardian in his Will, but while he is living he can have the court grant guardianship over the minor children now. It's a fairly simple process. Contact our office today and we will discuss the process with you.
Answer Applies to: Illinois
Replied: 5/18/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
It is unclear whether you are referring to the need for a guardian now or only in the event of the stepfather's death. A will can nominate a guardian for minor children, but it is only effective upon death. If there is a need right now, the guardianship can be requested from the Court by your friend based upon consent of the children's parents. (You don't make clear whether the minor children are the stepfather's natural children or if they are also his stepchildren; that could be an important difference). Judicial proceedings are not the easiest or quickest way to give your friend some authority to handle things right now, but in the long term that is the only practically solution. Your friend and his stepfather ought to consult an attorney for a more thorough analysis of the facts and available options.
Answer Applies to: Colorado
Replied: 5/18/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
Apply for guardianship in the Probate Court where he resides.
Answer Applies to: Connecticut
Replied: 5/18/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
The best and only valid way to establish a Guardianship is to file for guardianship over the three children.
Answer Applies to: California
Replied: 5/17/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
Guardianships are governed by a set of statutes. There is a standard petition process. The Father can grant guardianship too but that's risky.
Answer Applies to: Washington
Replied: 5/17/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Have the parents of the 3 minors sign a joint motion to modify custody, placing custody with the 22 year old is the easiest way. Stay well.
    Answer Applies to: Alabama
    Replied: 5/17/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    This will take some planning. Call me, and I will assist.
    Answer Applies to: New Jersey
    Replied: 5/16/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    A will won't help much. For guardianship you need to go to the probate court for his town.
    Answer Applies to: Connecticut
    Replied: 5/16/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, you will actually need to establish guardianship proceedings.
    Answer Applies to: Washington
    Replied: 5/16/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Good question. First, where is the mother of these children? If she is predeceased or for some reason unfit to be a parent than a guardianship may be appropriate; otherwise children go to their parents. If the stepfather is about to die, he can put a provision in his will about naming a guardian for the children. In fact, it need not be a will, but can be a statement signed by him appointing the 22 year to be the guardian. The 22 year old will then need to file appropriate documents in court to get the guardianship established. Mother will have to be notified in any type of guardianship or custody proceeding. I think your friends step father needs to hire a lawyer or the 22 year old will need to hire a lawyer to accomplish what could be a very difficult task.
    Answer Applies to: Oregon
    Replied: 5/16/2011
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