I'm 74 & attempting to finalize my will. My 50 year old son is mentally handicapped, suffered brain damage at birth. I have an older daughter that will be his caregiver when I die. However, I would like to know if she & I both can be his legal guardian so at my death she will automatically become his guardian & what do I need to now?
In most states (other than LA) the guardianship application is for one guardian or for parents as co-guardian. A successor guardian must apply and be approved separately. This is because there may be changes in the proposed successor guardian's eligibility in the intervening years. You may want to apply to resign and have your daughter named successor before you die. Given your age, your daughter may want to apply now.
Please note that only a court can award guardianship of an adult. You cannot name a guardian for your 50 year old son in your Will.
Please contact a local guardianship attorney.
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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