questions & answers

Question: Our friend who was a single parent caring for her 13 year old son just past away. The father has always been in the life of this child and now has promised to dedicate all that is needed to continue raising him. My concern is if something happens to his father and if there is a legal actiin that can take place prior in order to avoid this child ever becoming involved with state litigation etc

Answer: Many parents handle this fear with a provision in their Will that states their preference for who will be the child's guardian in the event of the parent's death.  This preference listed in the Will is strong evidence in a Guardianship Petition if a number of relatives are arguing over who is to be the child's guardian.  A parent may also prepare a sworn affidavit that names a guardian for the child in the event of the parent's death before the child turns 18.  The parent cannot, however, create the guardianship now with a provision that it only come into play in the event of his death.