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Ely
Ely, Counselor at Law
Category: Legal
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If a minor is coming from another country on a student visa,

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If a minor is coming from another country on a student visa, do the family they live with need legal guardianship?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

The answer is yes, but only in a limited way. In other words, there is no need to get a formal custody order from the court. A simple Power of Attorney form should do, and in Utah this is called Delegating a Parent's or Guardian's Powers to an Attorney-in-Fact, and can be found here (scroll down to "Forms" and see Power of Attorney over Protected Person or Minor Child in PDF or Word format).

The POA should be downloaded and printed by the parents, signed in front of a notary (or the Colombian equivalent) OR a notary from the US Embassy/Consulate, and then brought with the minor to the USA. This should allow the US hosts to make decisions for the child in terms of medical, educational, and other needs for the time that they are here. The POA must be renewed every 6 months, meaning if the minor will be here for more than 6 months, the parents should send a new form every 6 months via postal mail to the host parents.

I hope this helps and clarifies. Best of luck.

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Customer: replied 3 years ago.

The last time she was here they signed a legal guardianship with another family. Can legal guardianships be transferred or do we drop the innitial guardianship?

Debbie,

Thank you for your follow up.

The last time she was here they signed a legal guardianship with another family. Can legal guardianships be transferred or do we drop the innitial guardianship?

No, legal guardianship cannot be "transferred." You must file anew, and again, the POA as described above should be all that is necessary.

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