Legal guardian for your children

getbent

Thats how them b*tch's R
My hubby and I are leaving for Las Vegas for 6 days. Our children will be staying with their grandma. She asked us to write something up stating that if something was to happen to both of us, the kids would stay with her. I have no problem doing that (I will pick my sis-n-law instead tho) but not sure where to start. If we just type something up on the computer, print and sign is that legal? My sis-n-law lives in TN so having her sign something, if needed, would be diffucult. Of course we leave this Thrs. TIA.
 

Ken King

A little rusty but not crusty
PREMO Member
My hubby and I are leaving for Las Vegas for 6 days. Our children will be staying with their grandma. She asked us to write something up stating that if something was to happen to both of us, the kids would stay with her. I have no problem doing that (I will pick my sis-n-law instead tho) but not sure where to start. If we just type something up on the computer, print and sign is that legal? My sis-n-law lives in TN so having her sign something, if needed, would be diffucult. Of course we leave this Thrs. TIA.

Designating a guardian for your child/children should be a part of your will. If you choose to only use a letter to make such designation at the least it should be a notarized document. I suggest you contact a lawyer that handles family law.
 

getbent

Thats how them b*tch's R
Designating a guardian for your child/children should be a part of your will. If you choose to only use a letter to make such designation at the least it should be a notarized document. I suggest you contact a lawyer that handles family law.

That's on our to do list.
 

bresamil

wandering aimlessly
Designating a guardian for your child/children should be a part of your will. If you choose to only use a letter to make such designation at the least it should be a notarized document. I suggest you contact a lawyer that handles family law.
Agreed.

But you should also do a letter for Grandma that states the exact dates that you will be gone and give permission to seek medical attention in case of emergency (along with a copy of the medical card); permission to take to a doctor in case of non emergency illness (such as strep, etc) and permission to pick up/call out a sick child at school. This letter should include any and all contact information for you and your husband.
 

RPMDAD

Well-Known Member
My hubby and I are leaving for Las Vegas for 6 days. Our children will be staying with their grandma. She asked us to write something up stating that if something was to happen to both of us, the kids would stay with her. I have no problem doing that (I will pick my sis-n-law instead tho) but not sure where to start. If we just type something up on the computer, print and sign is that legal? My sis-n-law lives in TN so having her sign something, if needed, would be diffucult. Of course we leave this Thrs. TIA.

Don't know about the guardianship thing, but i know in the past my wife and i have written up a medical approval type document stating my sister in law was allowed to approve of medical type situations if any had come up while we were gone and out of state. I agree with Ken, guardianship should be addressed in a will.
 

RPMDAD

Well-Known Member
Agreed.

But you should also do a letter for Grandma that states the exact dates that you will be gone and give permission to seek medical attention in case of emergency (along with a copy of the medical card); permission to take to a doctor in case of non emergency illness (such as strep, etc) and permission to pick up/call out a sick child at school. This letter should include any and all contact information for you and your husband.

:yeahthat: :cheers:
 

getbent

Thats how them b*tch's R
Agreed.

But you should also do a letter for Grandma that states the exact dates that you will be gone and give permission to seek medical attention in case of emergency (along with a copy of the medical card); permission to take to a doctor in case of non emergency illness (such as strep, etc) and permission to pick up/call out a sick child at school. This letter should include any and all contact information for you and your husband.

We always do that when we go out of town. She's already listed as person to pick up our kids from school if need be.
 

Ken King

A little rusty but not crusty
PREMO Member
Thanks for the link. I guess I will have to call tomorrow and find out how we do this if the person we want as the guardian lives out of state. She cannot physically be here to sign anything. I also need to find a notary too, I guess.
Do the temporary designation for your mother and have two people witness it. Then get a will done declaring your choice of a permanent guardian should something happen to you guys. There are free online will creators that you should be able to find.
 

bresamil

wandering aimlessly
Thanks for the link. I guess I will have to call tomorrow and find out how we do this if the person we want as the guardian lives out of state. She cannot physically be here to sign anything. I also need to find a notary too, I guess.
I believe all banks have a notary, and the service is normally free if you are a member of the bank with a small fee if you are not a member.
 

puggymom

Active Member
I have one we send with the kids when they go to FL with my inlaws. It is on our desktop and if you want it I can copy and paste it later on. It probably is not a true legal document but it has enough information of the kids needed to go to the ER or something inlaws have everything they need until we can get a consent signed. Luckily they have never needed it.
 

MMDad

Lem Putt
My hubby and I are leaving for Las Vegas for 6 days. Our children will be staying with their grandma. She asked us to write something up stating that if something was to happen to both of us, the kids would stay with her. I have no problem doing that (I will pick my sis-n-law instead tho) but not sure where to start. If we just type something up on the computer, print and sign is that legal? My sis-n-law lives in TN so having her sign something, if needed, would be diffucult. Of course we leave this Thrs. TIA.

A letter would be better than nothing since it expresses your wishes, but if anyone contested it the whole thing could end up in a long legal battle with lawyers making lots of money. Definitely go the will route.

Even a simple do it yourself will designating your chosen guardian and general distribution of the estate is useful until you get around to doing a more comprehensive document. It must be signed by you and at least two witnesses, then can be filed at the county Register of Wills for $5.

Maryland Register of Wills FAQ
 

MMDad

Lem Putt
Thanks for the link. I guess I will have to call tomorrow and find out how we do this if the person we want as the guardian lives out of state. She cannot physically be here to sign anything. I also need to find a notary too, I guess.

Remember, the will only expresses your desires. You don't need a signature from the designee. They are not agreeing to anything when you put it into the will. The signatures are required to show that these are your desires and that the witnesses agree that you are really the person who signed the will.

As far as guardianship, if Grandma fought sis-in-law for custody the will would let the court know what your desires are.

Really, the only other thing the will would do is divide your estate up if you want anything to go to anyone other than the guardian of your kids, or if you want it distributed differently than probate law requires.
 

getbent

Thats how them b*tch's R
So, I can print one of those fill -n- the blank wills, hubby and I sign it with two witness's and this would be ok in MD? Do you have to register it?
 

getbent

Thats how them b*tch's R
I did an Authorization of Temporary Guardianship for my mom-n-law while the kids are staying with her. I'll try to find a fill n the blank Last Will and Testament on line I can use for something basic until we do a more proper will.
 

poster

New Member
I did an Authorization of Temporary Guardianship for my mom-n-law while the kids are staying with her. I'll try to find a fill n the blank Last Will and Testament on line I can use for something basic until we do a more proper will.

Do it fast because what you've given her would help her prove your 'intentions' were to give her guardianship if something happens.

If you willingly put it in writing once, it would stand to reason that long term guardianship would not be a far stretch. Does the other party have such a document to challenge her with? It'll be hard to dispute because YOU wrote it.
 
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