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Guardianship of Minor Child - ASAP!

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D

dmcook

Guest
My husband and I live in Tennessee and have not had wills drawn up. We are leaving town for several days next week and leaving our 5 year old with his grandparents while we are gone.

Is there anything that I can draw up on my own, sign it and have it witnessed and notarized that will at least state to whom I would like guardianship to go in case of our simultaneous death?

Also, is there anything that I should have in writing giving my parents the right to authorize medical care in our absence?

We need this advice quickly as we leave in 4 days.

Thanks!
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Let me applaud you for thinking of this, although nowadays this should have been drawn up when you were pregnant.

Okay, for Tennessee, read these sites: http://www.lexislawpublishing.com/sdCGI-BIN/om_isapi.dll?clientID=690&infobase=tncode.NFO&softpage=browse_frame_pg
http://www.lexislawpublishing.com/sdCGI-BIN/om_isapi.dll?clientID=690&infobase=tncode.NFO&softpage=browse_frame_pg

For finding the section dealing with giving others medical supervisory power, etc: http://www.lexislawpublishing.com/sdCGI-BIN/om_isapi.dll?clientID=690&infobase=tncode.NFO&softpage=browse_frame_pg

For the wills and stuff, from the freeadvice legal forms section:
http://secure.uslegalforms.com/cgi-bin/forms/query.pl?S-C-B-B-for~wills~Tennessee|adviceco
 
C

Christina27

Guest
Lawrat,
I have a question. I live in NY and have a child. I'm not married to her father (we're not together) and have not had a will drawn up. If I was to die, would my child automatically be given to him?
 
L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

If your child is a minor, most likely unless you make other arrangements in the will.

Your best bet, check with an estate planning attorney in new york. Or if you want to read up on it yourself, do a little research, try this site and be patient and read through until you find it.

This is one section I found:

New York State Consolidated Laws
Domestic Relations

ARTICLE 6
Guardians
Section 80. Guardians in socage.
81. Appointment of guardians by parent.
82. Powers and duties of such guardians.
83. Duties and liabilities of all general guardians.
84. Guardianship of a married minor.
85. Investment of trust funds by guardian.

Sec. 80. Guardians in socage. Where a minor for whom a
general guardian of the property has not been appointed shall
acquire real property, the guardianship of his property with the
rights, powers and duties of a guardian in socage belongs: (1)
to the parents jointly, or, if they be separated, or divorced, to
the parent who has been given the custody of the minor by a
decree of court, or in the absence of such a decree, to the
parent having the actual custody of the minor; (2) if one of the
parents be dead, to the sole surviving parent; (3) if there be no
father or mother, to the nearest and eldest relative of full age,
not under any legal incapacity.
The rights and authority of every such guardian shall be
superseded by a testamentary or other guardian appointed in
pursuance of this article or in pursuance of article ten of the
surrogates court act.
http://assembly.state.ny.us/cgi-bin/claws?law=29
 

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