What is the best way for someone with a terminal illness to give custody of minor children to a relative?

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What is the best way for someone with a terminal illness to give custody of minor children to a relative?

Sister #1 has prognosis of death from cancer. She wants sister #2 to have custody of 2 minor children until legal age. Neither child has or wants any relationship with father. In fact one child has never met his father. Other father in jail and on drugs. Since she is still living and in competent state of mind, can they do this by Sister #1’s Will, POA of Minor Children, along with Affidavits of Preference by Minors, or does she or sister #2 have to file a Guardian Petition or something else with court. Seriously doubtful if biological fathers can be located and/or have agreement to sign over custody. It is in the best interest of the minors to remain living with sister #2 as that is where they reside with sister #1.

Asked on May 15, 2014 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The best way to accomplich what you have written about is for the terminally ill parent to sign before a notary public a custodial agreement prepared by a competent family law attorney that the mior children are to be taken care of by a specific relative or relatives. I suggest that you consult with a family law attorney in your locality. One can be found on attorneypages.com.

Also, you sister should consult with a Wills and trust attorney about her estate and the suggested custodial agreement.


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