What is the best method of effecting a transfer of guardianship?

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What is the best method of effecting a transfer of guardianship?

My wife and I are beginning the guardianship paperwork for our son. We would like to have my wife’s nephew take over the guardianship should something happen to both of us. Should we have the nephew included now as a co-guardian, or is should the guardianship be transfer by a Will.

Asked on June 22, 2011 under Estate Planning, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You understand that you and your wife are the natural guardians of your son and so I do not really understand what guardianship paperwork other than transferring it to your nephew now.  I think what you are trying to do is to plan for the future.  This is not the forum for that kind of planning.  It is too important a decision to give any guidance like this.  What generally happens is that the Will names the guardian of the child after the matter has been discussed with the potential guardian.  But there is so much more to plan like a trust for the child's benefit, etc.  Please seek legal help.  Good luck.


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