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  1. #1
    Join Date
    Jun 2005
    Posts
    13

    Default Private guardianship without going to court in Tennessee

    My daughter has 3 children and we have set up a private co-guardianship between ourselves without involving the courts.

    We recognize she could become ill being a single parent, be in a car accident, become unemployed etc. (she has full custody and father of children has consented to this in writing and he has 4 other children that he can barely support, so he is willing to let us do this. Two children are in their teens and one is six.)

    Can one do their own co-guardianship and it be legal should something happen to her. We are not wealthy and we checked into court costs and that is too much for us to spare right now.

    If we were to move out of state would it hold up anywhere in the U S?

    Thanks

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: Private guardianship without going to court in Tennessee

    Did you draft your own document? If so, you should consider having it reviewed by a lawyer to see if it is in proper form, and contains all necessary language. If you haven't done so already, you should try to get the father to also sign the guardianship.

  3. #3
    Join Date
    Jun 2005
    Posts
    13

    Default Re: Private guardianship without going to court in Tennessee

    Thank you for such a quick answer.

    We downloaded the document from the internet and we inserted the word co-guardianship.

    Thanks for the advice about the father signing and having a lawyer check it out.

  4. #4
    Join Date
    Jun 2005
    Posts
    13

    Question Re: Private guardianship without going to court in Tennessee

    I have another question in regards to guardianship.

    I read the law on "The power of attorney for care of a minor child act' for TN.

    http://tennessee.gov/sos/acts/103/pub/pc0071.pdf

    Now by putting co- guardianship in our guardianship form does this negate our guardianship form because of what is written in this law.

    I then looked at the Ohio law and it only specifies grandparents not other relatives that I can find.http://www.ohiobar.org/pub/lycu/index.asp?articleid=374

    I guess what I am trying to ask is this: If I lived in Ohio and we had the co-guardianship set up and my daughter became ill and the children had to come and live with us how does this law in Ohio affect us a grandparents.

    Thank you for any input you can give me in this matter. We almost lost a granddaughter to cps and so we are trying to be sure everything we do to protect the grandchildren is correct.

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