Q: I live in Portugal on a D8 visa and i am a US citizen. My mom wishes to appoint my friend from Pennsylvania guardianship
Can she appoint my friend guardianship of me while living in Portugal?
A:
As a US citizen living in Portugal on a D8 visa, your legal status and guardianship arrangements are subject to both US and Portuguese laws. In general, guardianship is appointed by a court when an individual is deemed incapable of making decisions for themselves, usually due to age (being a minor), mental incapacity, or other factors.
Given that you are living in Portugal, it's important to consider the following:
1. Age: If you are a minor (under 18 years old), your mother may be able to appoint a legal guardian for you. However, if you are an adult, guardianship is usually only granted if you are found to be mentally incapacitated or unable to manage your own affairs.
2. Jurisdiction: Since you are residing in Portugal, Portuguese courts may have jurisdiction over your guardianship. Your mother would likely need to follow Portuguese legal procedures to appoint a guardian for you.
3. International recognition: Even if your friend from Pennsylvania is appointed as your guardian in the US, this arrangement may not be automatically recognized in Portugal. It would be necessary to ensure that the guardianship is legally recognized in Portugal.
4. Practical considerations: Having a guardian who lives in a different country may present practical challenges in terms of decision-making and providing necessary support.
Given the complexity of international guardianship arrangements, it is highly recommended that you and your mother consult with legal professionals who specialize in international family law and are familiar with both US and Portuguese legal systems. They can provide guidance on the appropriate steps to take and help ensure that any guardianship arrangement complies with the relevant laws in both countries.
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