Illinois Living Will - Can a Canadian be Guardian of Our Children?

[SuperTata]

What is the name of your state? Illinois

My wife and I are planning our living will, and would like to set my sister as the guardian of our children. She is a Canadian Citizen living in Ontario, Canada. Is this possible, or do we have to choose a person who is living in the United States (Citizen or Resident)?

Thank you in advance,

SuperTata

 

[zddoodah]

You can state a preference for anyone, regardless of where that person lives. However, you cannot appoint a guardian in a "living will" or any other document. All you can do is state a preference.

 

[Just Blue]

What is the name of your state? Illinois

My wife and I are planning our living will, and would like to set my sister as the guardian of our children. She is a Canadian Citizen living in Ontario, Canada. Is this possible, or do we have to choose a person who is living in the United States (Citizen or Resident)?

Thank you in advance,

SuperTata

Do you or your wife have other family that may challenge your wish to have your sister as guardian?

 

[xylene]

You really should have legal counsel in planning a living will.

It isn't a DIY project.

 

[FlyingRon]

Understand a "living will" has nothing whatsoever to do with your children. A living will is a colloquial term for an advance healthcare directive. It covers how medical decisions will be handled if you are incapacitated. The term you want is just "a will."

Note that ZDoodah is correct in that the guardianship mentioned int he will is only going to be a preference. The courts will determine what is in the best interest of the child. It is recommended that while it may be possible to use a foreign guardian, you should probably set up a backup US national to handle either temporary or permanent guardianship while this is all in flux.

The above advice is VERY non-specific and not tuned to either Illinois or Canada. For this matter, as you've been told, your best bet is to see an attorney. They can draft wills, advance healthcare directives, powers of attorneys, and perhaps set up trusts as fits the needs of you and your child.