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Whereas, ______________________ and ___________________, are the parent and natural guardians of the following child (ren):
_______________________________________________________________
I designate _____________ of ___________, _________ to act as guardian of the minor child (ren) stated above upon my incapacity to so act.
Should _____________ be unable or unwilling to serve, I nominate _____________ of _________, _________ to act as the guardian of the minor children in the place of _____________.
Upon my disability, the designated guardian shall have the following authority:
a) Residential custody of the minor child (ren);
b) Approve medical treatment of any kind or type or to disapprove the same within the bounds of the law;
c) Designate schooling for the minor children, and access to any and all of their educational records;
d) Generally act in loco parentis.
In the event that I am the custodian of any property for the minor children under the Uniform Transfer to Minor's Act, or the Uniform Gifts to Minors Act or similar statute, I designate the guardian or successor guardian to act as custodian for all such custodial property.
In the event that formal legal proceedings are commenced to establish a guardian for the child, it is my desire that the guardians mentioned herein have priority in appointment.
The failure to list an individual as a guardian or successor guardian is intentional.
Dated: __________________________
________________________________________________________________
Principal(s)
STATE OF ________________
COUNTY OF _______________
Before me, the undersigned authority personally appeared the above signatory (signatories) who acknowledged to me execution of this durable power of attorney.
_____________________________________________________________________
Notary
Commission Expires:
Guardian of Minor Children, ConditionalReview List
This review list is provided to inform you about this document in question and assist you in its preparation. This document is a good well care document to have to put your financial affairs in order. It permits the rapid assumption of authority should an accident or other unexpected circumstance impair your ability to act as a parent. This is a particularly important document for single parents. The designated guardian (s) need not sign the document. It is up to you whether you wish to inform these people of this circumstance.
Unless you engage in dangerous occupations such as a soldier, high altitude climber, or like occupation, you are unlikely to have need of this document. But, if you do work in a high-risk occupation, and are a single parent, this is an important document for your childrens protection and smooth transition should something happen to you.
The notary step expedites matters since courts like notaries and official documentation of this kind. Make multiple copies. Be sure they are readily available should something happen to you, otherwise they will lose their effectiveness.
What else can I help you with?
Can a 15-year-old be granted legal guardian of his siblings?
No, a legal guardian must be of the legal age that is required by the state in which the minor children reside. The legal age to become a guardian of minor children is not necessarily the same as the state's age of majority.
Can an executor sell a property in a living trust against the wishes of the minor children?
The minor children have no standing to protest. Their guardian would have to object.
Who is the legal representative of minor?
A guardian ad litem. Sometimes, if there is no guardian ad litem, the department of children and families will have attorneys working on a child's case.
What do you have to do to get your social security number as a minor with no guardian?
Get a guardian
Does the legal guardian of a minor claim him as a dependent on their taxes?
IRS rules allow a guardian to claim the minor if the guardian provided more than 50% of the minor's support for that tax year.
Where do I find Pennsylvania's state rules and procedures for the appointment of a guardian for minor children?
You can review the Pennsylvania code that governs the appointment of guardians for a minor at the link provided below.
Signatures for a minor child who files a tax return?
Minor children should sign their own tax return. If a child cannot sign his or her return, a parent or guardian can sign the child's name in the space provided at the bottom of the tax return followed by "By (signature), parent (or guardian) for minor child."
How do I sign a check as a guardian?
To sign a check as a guardian, write your name followed by "Guardian of Minor's Name" on the signature line. This indicates that you are signing on behalf of the minor.
Can a minor travel without a parent or legal guardian with a minor letter of consent to travel"?
Yes, a minor can travel without a parent or legal guardian with a minor letter of consent to travel, which typically includes permission from the parent or guardian and details of the trip.
Can a minor witness a document if the guardian is present?
A minor cannot witness a document. In this case it would be better for the guardian to be the witness.
What if both parents die what happens to children?
Officially they are wards of the state until a probate process is commenced. The court can appoint a temporary guardian who will have legal control over the children until a permanent guardianship is established or the children are legally adopted. It is important for parents of minor children to have a will and designate a desired guardian for their children after discussing it with the named guardian. The court will usually appoint that person unless there is a compelling objection made at the hearing for appointment. If no guardian is named in a will any interested adult can petition the court.
Can a minor parent consent for her minor child?
Yes, she is the guardian of the child.
