Responsibility of child w/no parent available...

[Mehita]

Just curious if anyone knows...

If something were to happen to myself or my husband and DS was in need of medical care, who would that responsibility fall to? In our wills, I list my sister for my health care and the hubster lists his brother for his health care, but what happens to the kids? Would it be who we list as their guardians in our wills?

Just wondering who I should be keeping up to date on DS's records and things.

A morbid topic, I know, but does anyone know how it works?

 

[my little penguin]

Typically - the medical forms we fill out require a parent or guardian .
So I assume the guardian is just that a guardian of all aspects of this of the child.
I know there can be court appointed medical guardians .

 

[my little penguin]

http://family.findlaw.com/guardianship/faq-on-guardianship-of-minor-children.html

See here

 

[afidz]

I wonder if you can have a power of attorney on a child?

 

[Patricia56]

In California, it's my understanding that if you were both dead then it would fall to the guardian(s) named in your will, provided they were approved by the court.

Based on my personal experience with my sister who had not named anyone to make decisions for her, making immediate decisions in the event your child is hospitalized, for example, might be complicated and require that the guardian had the will to hand to present as proof of guardianship right away. And even then the hospital might be legally required to have the guardianship affirmed by a judge before that person was allowed to make decisions on behalf of the child.

My personal expectation would be that the doctors, if possible, would delay making any treatment decisions until the guardian was affirmed. If not, then they might have to go to court to get approval for major decisions like surgery. I'm not sure about that. In my sisters case they just carried on as if I wasn't there for most of the time because I had nothing in writing from my sister. It wasn't until I got really forceful about it (after she had nearly died 4 times, 3 times I objected to the care she received) that the hospital allowed me to officially take responsibility for her care. I suspect in a true emergency this same thing would happen to a child until someone could prove they had the legal right to make decisions.

Guardianship must be approved by a judge who could possibly decide your guardian is unfit so you should always name an alternate guardian. The first guardian might also decide they don't want to be guardian at that point, again making it important to name an alternate.

If no will exists then a judge appoints a guardian based on the best interests of the child. Usually a relative is chosen but they must generally petition the court for guardianship and there is no guarantee the court will choose a given relative.

So it's good you've got a will.

 

[Patricia56]

http://www.mncourts.gov/forms/publi...onservatorship/Guardianship_Manual/GAC101.pdf

see this document from Minnesota regarding guardianship and conservatorship. Note the provision for emergency guardian.

 

[DustyKat]

In Australia it would fall to who you elect as their legal guardian’s.

@afidz.
In those circumstances where an adult has legal rights over another, e.g. a child over a parent with dementia, POA is for financial matters and enduring guardianship is for lifestyle/health matters.
Where there is no responsible adult to take of matters for another adult they are referred to the guardianship board. The board then controls all medical and financial matters for that person.
In the case of a minor the appointed guardian essentially has the role of a parent.

Dusty. xxx