Legal Guardianship Form in Case of Death

There is nothing more frightening than possibly passing away and there being no plan for your underage adolescent child/children or ward. Numerous legal case studies have determined the potential consequences of leaving your child with no guardianship plans could later prove quite detrimental to the child’s future.

A guardianship form is used when there is a medical emergency, accident or death of the child’s current guardian to put it simply the precious guardian States who they want the child to live with if anything was to happen to them, it is also possible for the child to become a ward or the court.

What standard information does the form require?

They all ask for the standard basic information such as:

• Names of current parents or legal guardians

• Name of the child/children involved

• Names of the temporary, permanent or potential guardians

It is important to note that the person you are considering for the role is to be contacted to make sure they are okay with taking on the responsibility of a child. The form requirements also vary from state to state so contact your local office and double check what they will be asking for.

Main contents of the form:

Make sure everyone involved is identified

Remember this is a legal document, so if persons who you want to be involved are not named then they will be unable to partake in the wishes on the form. This part needs to be the full legal names of all participants, including all their personal and contact information.

Note all relevant dates

This is to note down the dates in which your appointed guardian for the child is to take up his/her/their roles. This is also a reason why having a template for the guardianship form to hand is important, so that if anything was to happen the dates could immediately be inputted.

Make sure you stress what the Guardian can and can’t do

As the guardian is not the original guardian for the child you need to explain what they are allowed to have a say on in the child’s life. When it comes to travelling, school, healthcare, social life etc. Establishing these ground rules will easily prevent any future complications or confusion that may arise when it comes to these situations.

It is just as important to explain what the guardian cannot do as it is to explain what they can do. This can also — sometimes — make the guardians decisions a little easier. For example if not sure whether to decide if the child can take certain medications (psychotropic for example) if this is in the can’t do section then they know not to go ahead.

Make sure everything is signed and witnessed

This is probably the most important thing to remember because without an signatures or proof of signature via a witness. The document becomes null and void.