How is guardianship established?

[rm1759]

What is the name of your state?FL

My question is, how is Legal guardianship for a minor established? Do both parents have to consent to a legal guardianship? My daughter is 8, her mother passed away in April. I would like to find out if she has established a legal guardianship, could she have done so without my authorization or knowledge? (Yes, paternity is established, and I have joint legal custody).

[BelizeBreeze]

Originally Posted by rm1759

What is the name of your state?FL

My question is, how is Legal guardianship for a minor established? Do both parents have to consent to a legal guardianship? My daughter is 8, her mother passed away in April. I would like to find out if she has established a legal guardianship, could she have done so without my authorization or knowledge? (Yes, paternity is established, and I have joint legal custody).

What is the REAL story here?

[rm1759]

I am sure many of you have read my previous posts, but to recap

Mother passed away in April. She and my daughter lived with her mother (the grandmother). I now have physical custody of my daughter (grandmother does take care of her after school.)

The relationship between grandma and I has been strained, but I am trying to keep it amicable b/c she and my daughter are close. I went to the social security office yesterday to file for her survivor's benefits, they asked me if anyone else is the child's legal guardian, I said that I didn't think so, but after thinking about it, the mother could have put something in her will designating the grandmother as the legal guardian. The people at the SS office said that if she is the legal guardian, she would have to be notified of the change in the representative payee (yes, grandma is currently receiving the benefits, she forgot to mention this to me).

I also would like to know because I assume that as her father I am her legal guardian. The mother was supposed to have a life insurance policy for the child (this was in our court order) but I do not know if she did in fact have one, in order for the insurance company to speak to me about it, I would have to be the child's legal guardian, right?

[LdiJ]

Originally Posted by rm1759

I am sure many of you have read my previous posts, but to recap

Mother passed away in April. She and my daughter lived with her mother (the grandmother). I now have physical custody of my daughter (grandmother does take care of her after school.)

The relationship between grandma and I has been strained, but I am trying to keep it amicable b/c she and my daughter are close. I went to the social security office yesterday to file for her survivor's benefits, they asked me if anyone else is the child's legal guardian, I said that I didn't think so, but after thinking about it, the mother could have put something in her will designating the grandmother as the legal guardian. The people at the SS office said that if she is the legal guardian, she would have to be notified of the change in the representative payee (yes, grandma is currently receiving the benefits, she forgot to mention this to me).

I also would like to know because I assume that as her father I am her legal guardian. The mother was supposed to have a life insurance policy for the child (this was in our court order) but I do not know if she did in fact have one, in order for the insurance company to speak to me about it, I would have to be the child's legal guardian, right?

Technically, a legal guardianship could not be established without your knowledge and consent. However, it concerns me that Grandma was able to apply for and obtain survivor's benefits for the child. Its possible that grandma has somehow fraudulently obtained some sort of guardianship.

You don't need guardianship of your own child. Guardianship is for a non-parent.

Edit: I just went back and reviewed your original threads. It appears that you have already taken the custody issue to court, therefore even if grandma did somehow fraudulently obtain a guardianship its no longer relevant. Just get the SS payee changed. You should also talk to your attorney about the life insurance issue.

A will cannot establish a legal guardianship either.

[rm1759]

Originally Posted by LdiJ

Technically, a legal guardianship could not be established without your knowledge and consent. However, it concerns me that Grandma was able to apply for and obtain survivor's benefits for the child. Its possible that grandma has somehow fraudulently obtained some sort of guardianship.

Thanks, LDIJ, As far as applying for them, the mother was on Social Security disability, with her mother as the payee. I believe the benefits automatically converted to survivor's benefits when she passed. So, I don't think she's necessarily done anything wrong, but she also did not notify them that she probably should not be receiving the checks anymore, I guess it slipped her mind...

[BelizeBreeze]

Grandma is in a world of hurt.

[rm1759]

Originally Posted by BelizeBreeze

Grandma is in a world of hurt.

Would you mind clarifying BB? I guess she was supposed to notify them? They wouldn't do anything to her would they? I don't mind missing a month or so of the money, we don't need it that badly, and it couldn't be that much anyways...

[BlondiePB]

rm1759,
YOU are your daughter's natural guardian due to the fact that you have joint custody. Therefore, YOU are to be your daughter's Representative Payee for the SS benefits for your daughter. Even though the funeral home notified SS of your ex's death, your MIL will have to deal with Social Security Administration. You need to go back to SS local office with your divorce degee, get this straightened out and take care of your daughter's benefits.