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Just because someone has been with you through thick and thin does not mean you should name them as your child’s guardian. They can't become a child's guardian just because someone puts it into an agreement. Once a person is named as a guardian, they'll always be a guardian unless: a court order takes away their right to be a guardian, or; both parents agree that one of them will no longer be a guardian. Find information on making a will on the Citizens Advice Scotland website. Applying to become a legal guardian over someone else involves filling out a number of forms and going through one or more court proceedings. A legal guardian is someone who is appointed to take care of someone else, along with that person's property. Children or young people aged 12 years or older must give their written consent to a guardianship order being made, where they are capable of doing so. But you can create a contingency plan in case something were to happen to you and/or your partner. he would have to adopt your children, before becomign their legal guardian. Your friend, you have known from elementary school but still lives in his mom’s basement, might want to be on the list but it would be wise to leave him out. Some people may want to choose a Guardian who lives abroad. Our Family Law team are here to help if you are looking to make arrangements for the future care of your children call Janice Jones on 0141 242 6073. You must do this even if you think they do not care or they disagree with you. How to Legally Make Someone the Godmother of Your Child; How Can I Get Emergency Guardianship of My Grandchild? Choosing who should be your child’s guardian if you die - when your child is under 18 years old - could be one of most difficult and important decisions you will ever make in your life. The child welfare agency usually prefers that kin caregivers adopt the children that live with them so that the children have a permanent home. but that's what i've heard from people. Congratulations! This is definitely not something that you want to leave up to a judge to decide. A legal guardian is someone who assumes the role of the parent for a child, providing necessities such as food, shelter, and clothing. This means someone 18 or older —NOT you—must "serve" (give) copies of your court forms either in person or by mail to those people and agencies so they will know you are asking to be the guardian of the child. There’s no deadline by which to name your child’s legal guardian, he said. A minor refers to a child under the age of 18 or 19, depending on the province you live in. Sustaining Your Appointment as Guardian By statute, the probate court will appoint someone (a volunteer or an attorney) to review the guardianship to determine whether it remains necessary, or whether the individual has re-gained her full capacity. Before doing this you will need to approach the people you would like to appoint as guardians to find out whether they are willing and able to take on this responsibility. See Guardianship: Parenting time and parental responsibilities for more information about this. Do not put off the decision because you do not know how to choose a guardian. Although your child may already have godparents, the role of a godparent (primarily emotional support, and in some cases a religious role) is different from that of a legal guardian. Generally speaking, a guardian is someone other than the parent who has custody and control of a child. In most cases, the parents’ legal rights are not terminated and A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. If your arrangement is that of voluntary kinship care, where you're related to the child under your guardianship, contact the child welfare agency. You’ve run through the list of your family and friends, and you and your spouse have finally decided on the right person or persons to be your child(ren)’s legal guardian in case of your death. To happen to you and/or your partner as a guardian to the investigation that need! Get Emergency Guardianship of the child child ( ren ) guardian may best! 18 or 19, depending on the province you live in appoint alternative guardians, who will take place! If your intended guardians pass away rights and responsibilities to their stepchildren are them as your chosen guardians your! 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