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Children: A Guardian For Your Children

Why Should I Consider Having A Guardian Appointed Now?

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If your illness is life-threatening or could result in your being incapacitated, if you petition the court to appoint a guardian now, you will have an opportunity to explain to the court in person why your candidate should be appointed. You'll also get the chance to answer the judge's questions and rebut any objections.

Keep in mind that when a guardian is appointed, that person will replace you with respect to any powers the judge gives to him or her. You lose those rights with respect to your children.

Even though your children could still live with you and you could ask the court to revoke the guardianship, no decisions will be able to be made about the children without the guardian's agreement.

In some states, you can have a guardian selected yet still retain current custody of your children by going to court to have a person named standby guardian. A standby guardian will not become guardian until a specific event occurs -- such as your incapacitation or death.

Another alternative in some states is to designate someone who will become your child's guardian only when there is a need.

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