New York, NY asked in Child Custody for Massachusetts

Q: Our best friend (49) had a child last year. She asked us to sign an emergency guardian proxy. Should we?

The child is now 1 year old. Our friend is 49 and her boyfriend is 53. They are currently together but he was divorced twice. They are asking me and my wife to sign a guardianship proxy. Should we? What is the risk to us?

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Divorce Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: Are you indicating that you are not willing to serve as the child's guardian if needed to fulfil the role? If so you would need to make that clear to the parents so that they can have others in place. In Massachusetts there is a distinction between guardianship and conservatorship as the latter involves handling the child's finances. Also a guardianship proxy could be for a limited time period, while a guardianship would be a Court appointment via petition to the appropriate Court of jurisdiction. The standard of liability is generally negligence for guardianship.

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