What do I need to do in order to get guardianship of my friends daughter after she passes away? 1 Answers as of February 09, 2011My friend has 12 months to live and she has a 13 year old daughter and she wants me to take her daughter to be her guardian. What kind of forms do I fill out to get that guardianship?
John E. Kirchner, Attorney at Law | John Kirchner
There is nothing you can do independently now. Your friend needs to nominate you in writing, either in a separate document or in her Will. She needs to consult an attorney to understand the procedures and benefits of each method and how to do it. She may or may not need a Will, but if she has one and doesn't need there is no problem. If she needs a will and doesn't have one when she dies, there will be potential problems, so she ought to handle everything in that one document. If there is a written nomination, once she passes you will have to file appropriate paperwork with the probate court to confirm your authority. If no one else applies to the court, or objects to your appointment, the court will confirm your authority and decide what power and authority you should have. If someone objects, or someone else asks to be appointed, it will be up to the court to decide what is best for the child.
Answer Applies to: Colorado