QUESTION

What are the new case laws for non family member guardianship?

Asked on Mar 03rd, 2013 on Family Law - Colorado
More details to this question:
If, after both parents death, guardianship of surviving children is left to a non-family member what are the new legal challenges my husband and I face? We are trying to write a will including guardianship I had a paralegal mention there was a recent change in the state of Colorado.
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1 ANSWER

Legal Separation Attorney serving Boulder, CO at Flatiron Legal Advisors LLC
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I am not aware of any recent changes to the guardianship laws with respect to appointing a guardian under a will. If there are family members that you do not want involved in the children's lives in some respect or another, I would recommend stating that in the will. You also want to consider nominating a conservator (and trustee) for the children. Perhaps as important as the guardian, is setting up a trust for the kids if there are significant assets, as if there is not a trust, the children are given access to the assets when the turn 18, which is a recipe for disaster. You also should be preparing powers of attorney in case of incapacity, if you do not have them. While it may seem simple to fill out a form will on-line and there are situations where it is appropriate, when you are talking about your children's guardians and you are already concerned about the reaction of family members to not being appointed, I'd consider hiring an attorney to assist you. For example, I charge $750 for a complete estate plan for a couple, including a will with a trust for the children, medical and financial powers of attorney, living will, funeral instructions and personal property memorandum. As a parent of young children myself, I think it is a pretty small investment given the consequences of not getting it right. I hope this helps. 
Answered on Mar 09th, 2013 at 1:33 AM

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