If someone has legal guardianship of a child because the parents are deemed unfit and the guardian dies while the child is still a minor, what happens to the child?

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If someone has legal guardianship of a child because the parents are deemed unfit and the guardian dies while the child is still a minor, what happens to the child?

Can the guardian decide where he/she goes in his/her will? Or will he/she go automatically back to the parents?

Asked on December 14, 2012 under Family Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country when the guardian dies the guardianship of the minor child ends as well. As such, given what you have written about there needs to be a new guardian appointed for the child by the court since the parents are not fit to do so.


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