Q: What type of documents would I need to appoint a guardian if I were to pass away? I am a single mother father is abusive
Would I need an attorney for these documents? What type of documents would uphold in court? How can I avoid guardianship going to my daughters father who has a long history of domestic violence towards myself and another female?
A: Your will can nominate who you want to be guardian of your children. But the probate court appoints the guardian.
The will gets submitted to the probate court. The court holds a hearing to determine guardianship and determines who will be the guardian based on all the testimony and evidence submitted, such as domestic violence. It might or might not follow your wishes in your will. The decision is up to the judge. Use the Find a Lawyer tab to retain a local estate planning attorney to review your situation, advise you, and prepare a will, power of attorney, etc.
Richard Bernard Celler agrees with this answer
A: The document used to appoint a guardian is your Last Will & Testament. As Mr. Jaap indicated, the probate court has the final say and may require a hearing on the matter. In the majority of cases, if the person you choose is willing and eligible the Court will give preference to that person. Especially if the father has the history you indicate. I do recommend working with an attorney to ensure the document is prepared and executed properly so it will hold up in Court.
Best of luck.
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