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  #1  
Old 07-12-2002, 08:01 PM
kisa
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Question

future of minor?


What is the name of your state? Alabama
My parents have adopted a 6yr.old that has been in our home since she was 4 mos.old. They want to know what to do if something was to happen to them so the child adopted would be under my care. (My parents are in their 60's). What would this action be called? The mother of the child is deceased and no biological father. Also I would need to be over her finances that have been set up, but only to help her manage it......not spend it. Please help.
  #2  
Old 07-12-2002, 08:59 PM
4LilMan
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I think that you have to be granted gaurdianship of the minor. But I am not familiar wth this, just something that I have heard...can anyone else help her out with specifics?
  #3  
Old 07-18-2002, 11:46 PM
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Join Date: Jul 2002
Location: Georgia
Posts: 83
there should be a provision in their will for guardianship of minor children. All they have to do is put you in their will as guardian if anything should happen to them. Im on my sister's will as guardian of my twin neice and nephew if something happens to her
  #4  
Old 07-19-2002, 12:23 AM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally posted by mandy7181
there should be a provision in their will for guardianship of minor children. All they have to do is put you in their will as guardian if anything should happen to them. Im on my sister's will as guardian of my twin neice and nephew if something happens to her
My response:

Oh, God, Mandy - - you have got to stop posting to the forums. You're giving out ridiculous and potentially damaging information!

You cannot "Will" children or other human beings via a Will. I don't know where you got this information, but it's an old wives tale. People think they can do this all the time, but it CANNOT be carried out. God forbid your sister and brother-in-law should die, and you try to claim those children. No way, Jose !

The court would intervene and make it's orders concerning the welfare of those children - - and guess what? It just might be that the court decides it's NOT in their best interests to live with you - - and there would be nothing you can do about it.

So, stop telling people they can "Will Away" their children, and I would strongly suggest that you get legal advice from a local attorney concerning your situation with your sister's children.

You are relying on a "mistaken belief" of the law.

IAAL
  #5  
Old 07-19-2002, 10:14 AM
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Join Date: Jul 2002
Location: Georgia
Posts: 83
Actually according to my attorney you can. But you have to make sure its legal in your state---i do have full custody of my niece and nephew if something should happen to my sister. The only way i wouldnt have that custody is if something happened and i was unable to care for two more children--i have one already. So unless you know the laws for every single state in the US. I suggest you stop critizing advice given to me by an actual attorney for the State of Georgia.
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