Atlanta, GA asked in Estate Planning, Family Law and Child Custody for Georgia

Q: What type of attorney does she need?

I have an elderly friend who has full custody of her great grandson. She is wanting to have paperwork stating who the child should be appointed to in case of her death. She wants to appoint a non family member. Is that possible?

How can you not have a say in where the child should go. Based on your answer, all children would be wards of the state. Why would there ever be a need for a Trust if it's not binding?

2 Lawyer Answers
Regina Irene Edwards
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Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: It's not possible to designate who will take care of a child after a guardian's death. That is not binding. Whoever wants custody at that time will have to file something.

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague. If there is someone who wants custody they would be able to come forward and make a case to obtain it. -Homer P. Jordan IV, Esq. 404-620-1558

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