Asked in Family Law and Immigration Law for Pennsylvania

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?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Immigration Law Lawyer
  • Sacramento, CA

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.

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.