What do my daughter and son-in-law have to do to be sure my husband and I have custody of my grandchildren if something happens to them?

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What do my daughter and son-in-law have to do to be sure my husband and I have custody of my grandchildren if something happens to them?

My daughter has medical problems and my son-in-law was just diagnosed with a severe medical problem, is it enough that they put in writing and have noterized that they give my husband and I custody of our grandchildren and power of attorney if need be?

Asked on May 11, 2009 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The proper way to do this would be for each of them to prepare a Will and in that Will nominate you as the guardian of the person and property of their children, and explain why they want you to serve in that capacity. The Will would also set out who would get their property, who would serve as executor / personal representative of their estate should they pass away. (A living trust could be a more effective substitute for the provisions of the Will dealing with property IF they transfer property to the trust.)


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