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my sister just passed away she had legal guardinaship in MO of her two grandkids mother is a meth user she wanted me to have legal guardianship in minnesota i have had the kids since April and their cocail worker knows that they are with me how do I proceed to get legal guardship or adopt

Submitted: 18 days and 5 hours ago.

Category: Legal

Value: $28

Status: CLOSED

State/Country relating to Question: Minnesota

Already Tried:
just have power of attorney signed and notized by husband of sister and contracted their cocial work in MO who know that they are we me and I was listed in court documents as the backup person

Posted by Dimitry Alexander Kaplun 18 days and 5 hours ago.

Info Request

Which court is in charge of custody--the one in Minnesota?

18 days and 5 hours ago.

Reply

no the one in MO

Posted by Dimitry Alexander Kaplun 18 days and 5 hours ago.

Answer

Oh, I see.

This is a relatively simple process. Contact the MO court, and ask to speak to the court clerk. Explain that the temporary guardian has passed and that you are the backup. State that you are filing "pro se" (self representing) for a modification and transfer of temporary guardianship to you as backup guardian. The clerk will be able to provide you with the right forms to fill out--you will most likely have to attach a copy of the death certificate with you. If unsure, the clerk will be able to assist you in filing it out.

Guardianship is simpler than adoption because you will have to get the courts to have an additional hearing in which the rights of the former parent are taken away, but if that is something that you feel is necessary, then instead of requestion custodial documents, request an adoption hearing. You will also need a sworn affidavit from the mother which states that she is not contesting the adoption.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

18 days and 5 hours ago.

Reply

what if her husband also had legal gaurdianship with her does he not have to sign off? He said that he cannt take care of the children

Posted by Dimitry Alexander Kaplun 18 days and 5 hours ago.

Answer

Yes, he would have to, as he is still kept on as a legal guardian until you become the new temporary guardian for the children.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

18 days and 4 hours ago.

Reply

they are on Medicare for health and they get a guardianship money also would this transfer to Minnesota?

Posted by Dimitry Alexander Kaplun 18 days and 4 hours ago.

Answer

Yes, it would but not right away. The MO courts would still maintain jurisdiction until the children get residency and then you will be able to transfer for benefits into Minnesota. (Takes about 6 months).

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

18 days and 4 hours ago.

Reply

even thro they have lived here for seven moths already? Just asking because becuase the ins cards are no good here we have tried

Accepted Answer

No, because the original courts maintain jurisdiction until formally transferred, which has not yet occured.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

Accepts:
Expert:	Dimitry Alexander Kaplun
Pos. Feedback:	99.0 %
Answered:	11/4/2009

Attorney

Licensed in PA & NJ, specialize in business/contract disputes, immigration, estate creation & admin

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Question

my sister just passed away she had legal guardinaship in MO of her two grandkids mother is a meth user she wanted me to have legal guardianship in minnesota i have had the kids since April and their cocail worker knows that they are with me how do I proceed to get legal guardship or adopt

Optional Information

State/Country relating to Question: Minnesota

Already Tried:
just have power of attorney signed and notized by husband of sister and contracted their cocial work in MO who know that they are we me and I was listed in court documents as the backup person

Info Request

Which court is in charge of custody--the one in Minnesota?

Reply

no the one in MO

Answer

Reply

what if her husband also had legal gaurdianship with her does he not have to sign off? He said that he cannt take care of the children

Answer

Yes, he would have to, as he is still kept on as a legal guardian until you become the new temporary guardian for the children.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

Reply

they are on Medicare for health and they get a guardianship money also would this transfer to Minnesota?

Answer

Yes, it would but not right away. The MO courts would still maintain jurisdiction until the children get residency and then you will be able to transfer for benefits into Minnesota. (Takes about 6 months).

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

Reply

even thro they have lived here for seven moths already? Just asking because becuase the ins cards are no good here we have tried

Accepted Answer

No, because the original courts maintain jurisdiction until formally transferred, which has not yet occured.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

Law

Have your own Legal question?

Related Law Topics:

Question

my sister just passed away she had legal guardinaship in MO of her two grandkids mother is a meth user she wanted me to have legal guardianship in minnesota i have had the kids since April and their cocail worker knows that they are with me how do I proceed to get legal guardship or adopt

Optional Information

State/Country relating to Question: Minnesota Already Tried: just have power of attorney signed and notized by husband of sister and contracted their cocial work in MO who know that they are we me and I was listed in court documents as the backup person

Info Request

Which court is in charge of custody--the one in Minnesota?

Reply

no the one in MO

Answer

Reply

what if her husband also had legal gaurdianship with her does he not have to sign off? He said that he cannt take care of the children

Answer

Yes, he would have to, as he is still kept on as a legal guardian until you become the new temporary guardian for the children.Sincerely,XXXXXXX XXXXXXXXX XXXXXX, Esq.

Reply

they are on Medicare for health and they get a guardianship money also would this transfer to Minnesota?

Answer

Yes, it would but not right away. The MO courts would still maintain jurisdiction until the children get residency and then you will be able to transfer for benefits into Minnesota. (Takes about 6 months).Sincerely,XXXXXXX XXXXXXXXX XXXXXX, Esq.

Reply

even thro they have lived here for seven moths already? Just asking because becuase the ins cards are no good here we have tried

Accepted Answer

No, because the original courts maintain jurisdiction until formally transferred, which has not yet occured.Sincerely,XXXXXXX XXXXXXXXX XXXXXX, Esq.

Related Legal Questions

State/Country relating to Question: Minnesota

Already Tried:
just have power of attorney signed and notized by husband of sister and contracted their cocial work in MO who know that they are we me and I was listed in court documents as the backup person

Yes, he would have to, as he is still kept on as a legal guardian until you become the new temporary guardian for the children.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

Yes, it would but not right away. The MO courts would still maintain jurisdiction until the children get residency and then you will be able to transfer for benefits into Minnesota. (Takes about 6 months).

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

No, because the original courts maintain jurisdiction until formally transferred, which has not yet occured.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.