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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31013
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If someone has legal guardianship of a child,,can they

Customer Question

if someone has legal guardianship of a child,,can they designate the child to someone if they were to die???
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

What is the current guardian's relation to the child?

Customer: replied 1 year ago.
legal guardian, no blood relation
Customer: replied 1 year ago.
she has had legal guardianship since 2008 can she legally leave the child to her choice of a person?
Expert:  Roger replied 1 year ago.

Ok. Thanks.

From what I see, "only the birthparents of a child or the child's adoptive parent can designate a guardian in their will to take care of their grandchild. Such guardians are called 'testamentary guardians'." Also, "Grandparents who are the legal guardians of their grandchildren can designate someone to be the legal guardian of their grandchild when they become too sick to care for the child or when they are going to die. A grandparent can do this by filling out a document to designate a standby guardian." Here's a good link on this issue: http://www.nyc.gov/html/caregiver/grandparenting_2d.html

Expert:  Roger replied 1 year ago.

There is no designation that a non-related guardian can transfer guardianship to someone else, and if this were to occur, the court would have to approve and appoint the recommended guardian......and the biological parents would have the right to object.