Q: I adopted my grandson through DCF His mom voluntarily sign her rights to me. Can I leave her as gaudian in my will?
His father's rights were taken by the courts. I have no one to leave him to other than his mother, upon my death
A: Yes, I would encourage you to set up proper and sufficient estate planning, Will (probably a Trust) for the care of your grandson. Remember, your nomination of a guardian is just that, simply a nomination of who you prefer, the matter would ultimately have to go through court and the judge/court would decide what is in the best interest of the child at that point. Any estate planning that you are able and or willing to do would help take care of your grandson if anything were ever to happen to you or if you became incapacitated. So remember, your nomination of the guardian is not automatic and the courts would weigh her suitability, that said, if she already gave up her rights once, there may be concerns and questions without a doubt from the court as it relates to determining who would be the best guardian for your grandson's welfare and care ongoing.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
