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