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“legal Guardianship: Benefits Of Lawyers For Vulnerable Populations” – You are in charge of all aspects of your child’s care. Have you thought about what will happen if tragedy leaves them without you to care for them?
Planning for our children to be orphaned is something that needs to be done as soon as possible after their birth. If you die before they reach adulthood, you want to ensure that their care comes from a person of your choice.
“legal Guardianship: Benefits Of Lawyers For Vulnerable Populations”
Read on to find out what the role of legal guardians is, the facts to consider when choosing a guardian, and how to make sure your choice meets the legal requirements.
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A guardian will take care of your child if you die before the child reaches adulthood. There are many factors to consider when making this choice, and what may seem logical at first may not be a good choice when things are looked at further.
The person appointed to be your child’s legal guardian will oversee all aspects of their life until they reach adulthood. This includes:
Many people assume that their parents or one of their siblings will take custody of their children. Family members are chosen by the courts, but sometimes a close friend may be a better choice. The first step is to create a list of potential candidates and then evaluate each person using the following criteria:
Once you have selected the top 2-3, discuss your preferences with those individuals. You may find that they are willing to take responsibility if needed. You may also learn that they have no desire to care for your child.
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One of the problems a parent faces in appointing a guardian for their child is that the person will also be in charge of the child’s entire inheritance. These can be significant amounts that need protection.
One way to do this is to appoint a guardian for the minor children and a separate person as the financial guardian. The financial guardian will take care of all monetary aspects of the estate, including:
If there is a relatively large amount of assets that the children will inherit, this is an ideal solution because it provides control over the child’s inheritance.
You may be thinking that because you are remarried and your child lives with you and your new partner, that your spouse would automatically be the child’s guardian. Unless there are legal provisions, they may not enjoy custody with the child.
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A step-parent may request custody, but other biological family members or the child’s other parent may contest this and a battle will be fought in court for custody.
The law does not allow you to appoint someone as guardian who interferes with the other biological parent’s rights to custody. If you die, the judge will grant custody to the other parent unless that parent is found to be unfit or that parent has quit. If you have concerns about your ex-spouse’s ability to care for your child, put those concerns in writing in your will for the judge to review.
If there is someone you absolutely do not want to have custody of your children, the confidentiality exclusion can ensure that this does not happen. This is a document in which you name the person and explain in detail your reasons for considering them unfit to be your child’s guardian.
The document must be sealed in an envelope and given to a close friend or lawyer for protection. If the person in the document tries to get guardianship after your death, the person who has the document can show it to that person or a judge to consider your wishes.
Why Is Guardianship Important?
Once you’ve chosen a guardian, you need to make sure your wishes are legally documented. The tariff can be prepared by an experienced guardian. You can also list guardianship in your will.
Whichever way you choose, you need to make sure that your state’s rules are followed and that the custody order is signed in front of a notary and witnesses.
You need to review your choices and make the necessary changes at least every two years. Circumstances change over time that may affect your decision and warrant a change including:
If you die without choosing a guardian for your child, the court will decide the guardian of the child. The judge cannot choose who you think is the best option for your child.
Major Benefits Of Hiring A Child Custody Lawyer
While there are many things you should do, there are also mistakes you can make when choosing a guardian. Avoid making your decision based on the following:
Now is the perfect time to make sure you have appointed legal guardians for your minor children. The Elliott Frazier Law Firm can assist you with all of your family court needs, including custody. You can contact us online or call 864-256-3553 to schedule a consultation. A power of attorney gives people not only peace of mind but control after unpredictable events. This legal document allows a person to appoint an agent to make financial and health care decisions and to manage those matters if the person becomes incapacitated. Conversations with an Indiana attorney inform people about the appropriate legal procedures. This information helps them draft documents that thoroughly address their situation and communicate their wishes.
You may already understand the main advantages of a proxy. Your family will avoid the costly and disruptive legal delays necessary to obtain guardianship or conservatorship from a judge if you are incapacitated. By preparing a power of attorney in advance, your agent gains immediate legal authority to handle tasks such as paying bills and managing medical care.
However, proxies do much more than set up a continuity plan so your affairs don’t go haywire. Many hidden benefits come with completing a power of attorney.
What Kinds Of Cases Do Family Lawyers Take?
When you have power of attorney for finances and health care, your family members will know your wishes. You avoid disputes about what to do or because you appointed an agent to make certain decisions on your behalf.
A detailed power of attorney, which gives the agent broad powers, can enable the handling of investments, real estate and business operations. These delegated rights allow the agent to complete transactions that protect assets. This power may be especially important in a crisis or if you need long-term care due to your disability.
A comprehensive durable power of attorney gives your agent the ability, if you direct, to continue to make monetary gifts to your family, pay for college expenses for your children, and maintain household expenses. .
If the agent is making decisions in accordance with your POA and for your benefit and welfare, your agent will be insulated from claims of financial abuse by other family members.
Free Temporary Guardianship Agreement
A power of attorney does not have to be valid only if you become incapacitated. Some people who travel a lot, especially abroad, assign an agent to monitor and manage their finances while they are away. This benefit has become even more important as states and other countries have put in place travel restrictions and travel bans due to COVID 19.
At Webster & Garino, we will educate you about the different types of power of attorney and recommend ways to achieve your estate planning goals. Our guidance can result in a detailed power of attorney that clarifies your wishes. Contact us today at (317) 565-1818.
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Do I Need A Lawyer For Child Custody?
Did you know that children of divorced or separated parents are up to twice as likely to engage in risky behavior and
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