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I need to learn what document to use to give my brother

I need to learn...

I need to learn what document to use to give my brother legal guardianship over my children in the event that my wife and I are killed or incapacitated while traveling together away from our children. My goal is to put them immediately into my brothers care so that they are not in the 'system' for one second in that situation. A document that our nanny/babysitter could give to authorities and that my brother could also present that would require that the police/child services people hand my children directly to my brother.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No

Lawyer's Assistant: Family law varies by state. What state are you in?

Colorado

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing

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Answered in 5 minutes by:
4/25/2018
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 37,701
Experience: 16 yrs. of experience including family law.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Customer reply replied 3 months ago
Ok go ahead

What you are discussing does not exist...that is, there is no document that you can execute today that would allow, on some future date, for your brother to claim guardianship.

The reason for this is that under the law, ONLY a court can issue parental/guardianship orders.

And the court will only do this when it is required "in the best interests of the child"

That said, if you list in your will, your desires for your brother to be guardian...and your spouse does the same? Then I would fully expect the court to award guardianship to your brother, in the event you and your spouse die

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 3 months ago
What is the legal process if we die on vacation and our children are home with the nanny?

The probate court will appoint a guardian to care for your children. And if you put your desires for who this should be in your wills? Most likely the court will appoint that person

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 3 months ago
But initially, i would guess, a police officer(s) would come to the house first and take the children to a care facility?Also, what If my brother had a 'power of attorney' from me?

The POA is of no legal significance when you die...but if he had a POA, I would expect the police and/or child services would honor that while waiting for the probate court to act.

But frankly speaking, it does not take long to get a temp guardianship order issued...your brother could get that in a couple of days.

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Customer reply replied 3 months ago
I understand. My goal is to spare me kids that couple of days. There is nothing that can do that?

No...not today...not unless you want to give up guardianship to your brother today...but that does not seem like a good idea when you consider the very small risk of death

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 37,701
Experience: 16 yrs. of experience including family law.
Verified
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