Conference quark::human_relations-v1

    Waht legal guardinship means that if at any time the peerson who
    has the legal hold has final say no matter what. the child can be
    moved into the guardian, no say involved, if the child lives with
    the parent and not the legal guardian then the legal guardian can
    still step in at any time and dictate the way the child can live.
      If the child is hurt then  the guardian would have say on the
    treatment. 
      The best thing I can say is if yu can aford it consult an attorney
    before you sign anything of that importance if you have any questions
    on its meaning. You have the child's welfare at stake.

    I am legal guardian for my nephew if and when (and I hope it never
    happens) my sister and brother-in-law die, either together or
    separately and if Nicholas is still a minor.  I had to sign a paper
    and return it to them (they live in California).
    
    I'm not sure that it allows me to have any say at this point of
    time.  There may be different definitions as to guardianship.  My
    sister and her husband are good parents and I don't feel a need
    to step in and offer my .02 cents other than the typical aunt stuff.
    
    P.
    

         As I understand it...just having done this in company
         of a lawyer...
         
         You can grant Legal Guardianship upon the death of
         yourself and/or your husband for your children up
         to a designated age....your estate is turned over
         to them along with your children at the time of your
         death...and they are charged with administering it
         to support those children until they reach majority.
         
         At that point, any estate left over goes to the
         children. Since the management of the estate *can*
         define the nature of education, cultural access,
         etc that your children may receive, lawyers are often
         granted management rights to estates or the like
         to ensure that the money is not frittered away by
         well-meaning but uninformed guardians. Or you can
         stipulate how you wish your estate handled by the
         guardian...
         
         In either case, upon your death, all decisions not
         expressly covered by declaration in a will, that
         deal with the safety and security of your child transfer
         to the guardian.
         
         --
         
         The other form of Legal Guardianship...[again as
         *I* understand it only...]...is a protection measure
         usually. It grants immediate and over-riding authority
         to some adult to make decisions about the safety
         and security of a minor when the minor's parent(s)
         are either incapable or unwilling to act as advocates
         for the minor.
         
         Often courts appoint Legal Guardians...sometimes
         in the form of an office or advocacy group...whose
         job it is [impossible as it may be] to protect the
         rights of aminors whose rights are in jeapordy from
         the very people who are supposed to be protecting
         them...[parents].
         
         ---
         
         I very much doubt that most people asked to be guardians
         by close friends or relatives are asked to be the
         second...[I hope...]
         
         When you sign the paper, you agree to accept all
         responsibility for administering estates and raising
         children as if they were your own....legally...like
         a contract.
         
         FWIT...that is hoe it was explained to me when I
         did it recently...
         
         Melinda

    I the case of designating a guardian for your children in a will,
    you can designate a guardian for your children and someone else
    to administer the estate. The guardian and estate administrater
    dont have to be the same person or entity. 
    

In Colorado, and I believe in many other states as well, designating in your
Will who you wish to be legal guardian of your children is *not* legally
binding. The COURT reviews who you want, and decides whether or not to obey
your wishes. THEN they appoint someone (either your choice or theirs) to take
the responsibility. 

In addition, Colorado law says that in order to make someone else legal
guardian of your children while you are alive, you must give up your rights
as guardian.

          Carol