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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101935
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am the legally appointed guardian of my 46 year old

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I am the legally appointed guardian of my 46 year old handicapped son. I would like to have my daughter take over his guardianship when I die. How can I do that? Can I appoint her a testamentary or stand in guardian now and if so how do I do it. I am leaving the country for six months can a testamentary guardian take over guardianship while I am gone? If I have to file documents with the court, how do I do that without a lawyer?
Submitted: 11 months ago.
Category: Family Law
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Your daughter would have to petition to become the legally appointed guardian should anything happen to you. You cannot "pre-determine" to have her do this.

You can appoint her the Executor in a Will, however ("Can I appoint her a testamentary..."). You'd need to draft a Will and have her appointed as the Executor in the Will.

You cannot appoint her as a "stand-in guardian" as explained. She would have to petition before the Court and qualify as a guardian to have the Judge sign off on this.

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I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 11 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or marked the question positively. I am simply touching base. Let me know. Thanks!

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