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Loren, Lawyer
Category: Family Law
Satisfied Customers: 33518
Experience:  30 plus years of experience.
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Can a step parent become a legal guardian without adoption

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Can a step parent become a legal guardian without adoption? The natural father is deceased.
No, he may not become the legal guardian because you (I presume you are the mother), as the parent, are the legal guardian. To have the same rights as you he would have to adopt.
Customer: replied 6 years ago.
Yes, I am the mother. I am concerned about taking care of her if something were to happen to me. Is naming him as guardian in my living will/pour over will enough? If he adopts her, I believe she will lose her socail security survivor benefit, is that true?
Also, does this mean that he can't sign documents for school etc as "guardian?"

1. The will may nominate him as guardian, but the court would still need to approve it if it came to that and there was an objection by another relative. The court will decide based upon what it decides is in the best interest of the child.


2. If the child is already receiving survivor benefits prior to being adopted, the adoption will not disrupt the benefits for the child.


3. He may not sign as guardian because he is not the guardian.



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