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Temporary Vacation Guardian

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dontdothat317

Junior Member
I'm 19 years old and reside in the state of CA. In the next few weeks I'm going on a cruise where passengers between the age of 18 and 20 are permitted to purchase and consume beer and wine (only) for their own person; however, a parent or legal guardian must be present on board the same ship and sign a waiver (and be responsible for you).

I will be traveling with my girlfriend's family, whom I have cruised with several times in the past even before I turned 18, however my own parents will not be on board. Nonetheless, I have their permission to purchase and consume alcohol and they are willing to create and/or sign a notarized letter giving me this permission or to bestow temporary "legal guardianship" upon my girlfriend's mother for the duration of the trip. What I would like to know is, is it possible to designate a temporary legal guardian for someone under the age of 21 for the duration of a vacation?

When I first cruised with my girlfriend's family, I was 17 so a notarized letter from my parents, expressing permission for me to travel with my girlfriend's family was required for me to board the ship. I'm not sure if that notarized letter basically made my girlfriends mom my "legal guardian" for the duration for the vacation as she was completely responsible for me since I was a full minor still. But now I'm 19, so I'm not really a minor anymore, I just can't consume alcohol. I would like to think that such would simplify matters (since I am now able to legally fend for my own "best interests") and am not suffering from any mental or physical illness that would otherwise incapacitate me.

Any feedback is GREATLY appreciated, and I thank you all in advance!! Sorry if this isn't the right forum for such a request. If its not, I would appreciate it if this thread could be moved to an appropriate one. :D
 


Ohiogal

Queen Bee
What are you asking is not going to happen. Your friend's family will NOT be able to get permission to allow you to drink alcohol in the absence of your parents. If you drink you will be breaking the law.
 

LdiJ

Senior Member
What are you asking is not going to happen. Your friend's family will NOT be able to get permission to allow you to drink alcohol in the absence of your parents. If you drink you will be breaking the law.
Actually not breaking the law, because cruise ships are in international waters for much of the time they are at sea. He would be breaking the cruise ship's company policy. He may or may not be breaking the law when the ship is within a specific country's territory, as many countries allow people to drink at 18, or have no drinking age at all.
 
Actually not breaking the law, because cruise ships are in international waters for much of the time they are at sea. He would be breaking the cruise ship's company policy. He may or may not be breaking the law when the ship is within a specific country's territory, as many countries allow people to drink at 18, or have no drinking age at all.
I can attest this personally....I went to high school overseas (in the 70s). I was able to order and consume alcohol in both European and North African discoteques as young as 14! I didn't even have to carry an ID at all.
 

dontdothat317

Junior Member
Ohiogal said:
Your friend's family will NOT be able to get permission to allow you to drink alcohol in the absence of your parents.
So by this, are you implying that your suggested answer to my BOLDED question is NO? With all due respect, your reply seems more directed at me not being able to drink, as opposed to directly answering the question about temporary legal guardianship. I am already aware that my gf's family can not grant me permission to consume alcohol hence they are not legal guardians. What I am asking is, would it be possible to designate her mother as a legal guardian for the duration of the vacation?

LdiJ said:
He would be breaking the cruise ship's company policy.
In this statement you are making the assumption that I am consuming beer/wine without a legal guardian present on the ship, since the policy calls for a waiver to be filled out by a legal guardian or a parent. Therefore, as long as a legal guardian is present, I would be breaking no policy.

For this reason, I'm investigating the process of and the theory behind appointing legal guardians. I must admit that I don't completely understand the concept of a legal guardian. It may be much more involved than I am hoping for but nonetheless, all parties in question have already agreed to taking legal responsibility for me for consuming alcohol. Now its a matter of flexing legal muscle to put the legal authority where it needs to be so this waiver can be filled out.

I will be returning a call to the cruise line to inquire about what kind of doccumentation will be necessary to prove legal guardianship.

If anyone has any information about my original question, I would appreciate it and I appreciate all of your responses thusfar :)
 
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I'm not a lawyer like OG, who already answered your post, however, I don't know if it is even possible to have a "Legal Guardian" assigned to an competent adult. You are 19 and therefore an adult. Now if you have mental problems I can see the court agreeing. Otherwise, how would your parents designate someone else as your legal guardian, when they themselves are no longer legally responsible for you?

If I were you I would assume from OG's post that there is no legal way to accomplish this. Why do I have the feeling that this isn't going to stop you from drinking anyway? Sighhhhhh!
 

casa

Senior Member
So by this, are you implying that your suggested answer to my BOLDED question is NO? With all due respect, your reply seems more directed at me not being able to drink, as opposed to directly answering the question about temporary legal guardianship. I am already aware that my gf's family can not grant me permission to consume alcohol hence they are not legal guardians. What I am asking is, would it be possible to designate her mother as a legal guardian for the duration of the vacation?


In this statement you are making the assumption that I am consuming beer/wine without a legal guardian present on the ship, since the policy calls for a waiver to be filled out by a legal guardian or a parent. Therefore, as long as a legal guardian is present, I would be breaking no policy.

For this reason, I'm investigating the process of and the theory behind appointing legal guardians. I must admit that I don't completely understand the concept of a legal guardian. It may be much more involved than I am hoping for but nonetheless, all parties in question have already agreed to taking legal responsibility for me for consuming alcohol. Now its a matter of flexing legal muscle to put the legal authority where it needs to be so this waiver can be filled out.

I will be returning a call to the cruise line to inquire about what kind of doccumentation will be necessary to prove legal guardianship.

If anyone has any information about my original question, I would appreciate it and I appreciate all of your responses thusfar :)
You can't have a legal guardian unless you are a Minor &/or Incapacitated. :rolleyes: You are neither...therefore you need no legal guardian.
 

LdiJ

Senior Member
So by this, are you implying that your suggested answer to my BOLDED question is NO? With all due respect, your reply seems more directed at me not being able to drink, as opposed to directly answering the question about temporary legal guardianship. I am already aware that my gf's family can not grant me permission to consume alcohol hence they are not legal guardians. What I am asking is, would it be possible to designate her mother as a legal guardian for the duration of the vacation?


In this statement you are making the assumption that I am consuming beer/wine without a legal guardian present on the ship, since the policy calls for a waiver to be filled out by a legal guardian or a parent. Therefore, as long as a legal guardian is present, I would be breaking no policy.

For this reason, I'm investigating the process of and the theory behind appointing legal guardians. I must admit that I don't completely understand the concept of a legal guardian. It may be much more involved than I am hoping for but nonetheless, all parties in question have already agreed to taking legal responsibility for me for consuming alcohol. Now its a matter of flexing legal muscle to put the legal authority where it needs to be so this waiver can be filled out.

I will be returning a call to the cruise line to inquire about what kind of doccumentation will be necessary to prove legal guardianship.

If anyone has any information about my original question, I would appreciate it and I appreciate all of your responses thusfar :)
Ok...here is the "deal".

The cruise line if willing to allow 18-21 year olds to drink on the ship as long as they have absolutely no legal liability for it...or publicity liability for it even if there is no legal liability. Which is why they require that a parent or legal guardian sign the waiver and be present to take responsibility for whatever the heck that you might do while under the influence...both to yourself, and perhaps to others. In fact, their primary concern is what you might do to others and what damage you might do to the ship....and of course whether or not you might drink enough to kill yourself or go over the side.

The fact that you are so concerned about your ability to drink while on board, is a sample of WHY they are concerned about that.

In all reality, without a waiver signed by your parents, or "guardianship" as long as you are in the presence of your girlfriend's parents you aren't likely to be "carded". If you need to drink more than that, you have a problem.
 

dontdothat317

Junior Member
Theres a few good points here. escape brought up the point of my parents not being able to appoint a legal guardian since I'm no longer a minor.. but I kind of am, since I'm not 21. That waiver calls for a parent or a legal guardian, which is evidence that yes it is possible to have a legal guardian other than your blood parent (whether appointed or whatever) when you are between the ages of 18-20. Although irrelevant, in the state of CA, you can not qualify for financial aid for tuition without your parents income information until you are 25 years old (something around there), unless you are emancipated. This is an example of how the state expects your parents to be financially responsible for you even beyond the age of 18 (thus responsible for any financial damage an 18-20 yearold would incur from being intoxicated).

and of course its not going to stop me from drinking ;) but that doesn't mean I can't be responsible right?

Maybe I should just pretend to be incapacitated :p joking

LdiJ said:
The cruise line if willing to allow 18-21 year olds to drink on the ship as long as they have absolutely no legal liability for it...or publicity liability for it even if there is no legal liability. Which is why they require that a parent or legal guardian sign the waiver and be present to take responsibility for whatever the heck that you might do while under the influence...both to yourself, and perhaps to others. In fact, their primary concern is what you might do to others and what damage you might do to the ship....and of course whether or not you might drink enough to kill yourself or go over the side.
Yeah I'm fully aware of this. I'm not questioning the substantiality for having such a waiver and I completely agree with such a waiver being in place. What I don't understand is why a parent needs to be responsible for you financially and legally eventhough you are 18 years of age and can be legally and financially responsible for yourself? You are of age to go to jail, so why aren't you old enough to be held responsible for your actions? (I'm not trying to start a debate here, I'm just seeking to understand how it works the way it does in the legal system).

LdiJ said:
The fact that you are so concerned about your ability to drink while on board, is a sample of WHY they are concerned about that.
Lets reflect on that for a minute. So your saying that because I am concerned with my rights to a liberty that should be granted to me (in international waters and foreign countries, not in the USA) since I have commited no crime that would otherwise revoke such a liberty, the cruise line should be concerned with the damage I might cause? I'm talking about rights here - I think your statement was a little biased and it assumed a little bit too much about how responsible I am. Don't forget that you don't know me, so I would appreciate it if you would keep comments like that to yourself.

No, I'm not an alcoholic. No I don't consume alcohol regularly. Most importantly, I'm not irresponsible. But when I go on vacation somewhere to wind down after a long semester, especially somewhere where the drinking age is right up my alley (or down, depending on how you want to see it), its just nice to explore my liberties. I'm not obsessed with being able to purchase alcohol, its just nice to not have to depend on other people that are the same age as me, or even younger, who will be traveling with me. I'm going to be drinking, not alot, but casually with family friends regardless of what the outcome of this waiver situation is. Plus, whenever we get off the boat (which is a lot), I'll be able to purchase whatever I want. Once again, its just a matter of personal liberty.

LdiJ said:
In all reality, without a waiver signed by your parents, or "guardianship" as long as you are in the presence of your girlfriend's parents you aren't likely to be "carded". If you need to drink more than that, you have a problem.
That one was right on the money ;)
 

CourtClerk

Senior Member
Theres a few good points here. escape brought up the point of my parents not being able to appoint a legal guardian since I'm no longer a minor.. but I kind of am, since I'm not 21.
But you really aren't, since the age of majority in my wonderful state of California is 18. The legal age of majority has nothing to do with the Federal Financial Aid regulations, or the legal drinking age, or even whether your car insurance goes down when you turn 25 or you lower your cholesterol. You are a legal adult at 18 in California.
 

casa

Senior Member
Theres a few good points here. escape brought up the point of my parents not being able to appoint a legal guardian since I'm no longer a minor.. but I kind of am, since I'm not 21. That waiver calls for a parent or a legal guardian, which is evidence that yes it is possible to have a legal guardian other than your blood parent (whether appointed or whatever) when you are between the ages of 18-20. Although irrelevant, in the state of CA, you can not qualify for financial aid for tuition without your parents income information until you are 25 years old (something around there), unless you are emancipated. This is an example of how the state expects your parents to be financially responsible for you even beyond the age of 18 (thus responsible for any financial damage an 18-20 yearold would incur from being intoxicated).

and of course its not going to stop me from drinking ;) but that doesn't mean I can't be responsible right?

Maybe I should just pretend to be incapacitated :p joking



Yeah I'm fully aware of this. I'm not questioning the substantiality for having such a waiver and I completely agree with such a waiver being in place. What I don't understand is why a parent needs to be responsible for you financially and legally eventhough you are 18 years of age and can be legally and financially responsible for yourself? You are of age to go to jail, so why aren't you old enough to be held responsible for your actions? (I'm not trying to start a debate here, I'm just seeking to understand how it works the way it does in the legal system).



Lets reflect on that for a minute. So your saying that because I am concerned with my rights to a liberty that should be granted to me (in international waters and foreign countries, not in the USA) since I have commited no crime that would otherwise revoke such a liberty, the cruise line should be concerned with the damage I might cause? I'm talking about rights here - I think your statement was a little biased and it assumed a little bit too much about how responsible I am. Don't forget that you don't know me, so I would appreciate it if you would keep comments like that to yourself.

No, I'm not an alcoholic. No I don't consume alcohol regularly. Most importantly, I'm not irresponsible. But when I go on vacation somewhere to wind down after a long semester, especially somewhere where the drinking age is right up my alley (or down, depending on how you want to see it), its just nice to explore my liberties. I'm not obsessed with being able to purchase alcohol, its just nice to not have to depend on other people that are the same age as me, or even younger, who will be traveling with me. I'm going to be drinking, not alot, but casually with family friends regardless of what the outcome of this waiver situation is. Plus, whenever we get off the boat (which is a lot), I'll be able to purchase whatever I want. Once again, its just a matter of personal liberty.



That one was right on the money ;)
The bolded above is bologna. :rolleyes: You CAN qualify all you want under age 25 as long as your INCOME qualifies you...You only need your parents info. if you are asking THEY qualify for the loan. :cool:

You CANNOT have a guardian once you are over the age of 18 unless you are incapacitated.
 

dontdothat317

Junior Member
Alright I'l take the hint. I can't have a legal guardian since I'm over 18. We'll just see how things work out. If it doesn't then oh well.

Your PARENTS income must also qualify within the brackets for financial aid untill you are 25, then they don't require your parents income report anymore.
 
Alright I'l take the hint. I can't have a legal guardian since I'm over 18. We'll just see how things work out. If it doesn't then oh well.

Your PARENTS income must also qualify within the brackets for financial aid untill you are 25, then they don't require your parents income report anymore.

And this is because at under age 25 you are considered a high risk for repaying the loan. It's more a credit-worthy issue rather than a so-called violation of your liberties.
 

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