Q: My niece lives in Arizona with her son. At this time they are homeless. My niece has several dogs and will not give them
up. so this makes it hard for them to find a place to live. I am going to be the temporary guardian of my great nephew in Calif. until she can get on her feet. Can i do this without a court. Just a notary with her consent? He is 16 years old. He also has monthly funds that I am assuming will follow him from his dad when he was killed. Do I need to contact social security to inform them that he is now with me so the funds come to me for his care?
A:
In California, a parent can grant temporary guardianship of their child to another adult without going through the court system, as long as both the parent and the guardian agree to the arrangement. This can be done by drafting a written agreement that clearly outlines the terms of the guardianship, including the duration and the specific powers granted to the guardian. The agreement should be signed by both the parent and the guardian in the presence of a notary public.
However, it is important to note that this type of informal guardianship may not be recognized by all institutions, such as schools or medical facilities. In some cases, a more formal legal guardianship may be necessary.
Regarding the monthly funds your great nephew receives, it is essential to contact the Social Security Administration (SSA) to inform them of the change in the child's living situation. If the funds are from Social Security benefits, such as survivor benefits, the SSA will need to determine if you are eligible to receive the payments on behalf of the child as their guardian. You may need to provide documentation proving the guardianship arrangement and your relationship to the child.
It is advisable to consult with a family law attorney or legal aid organization to ensure that you are following the proper procedures and to help you navigate the process of becoming a temporary guardian and managing the child's benefits.
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