Why do we as legal parents have to have a judge declare us guardians?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Why do we as legal parents have to have a judge declare us guardians?
A family friend has just passed away and left my son (15 years old) a little money. We have sent the insurance company all documentation (i.e. birth certificates, etc.). They now require us to go to court and have a local judge declare us guardians of our own child. Why? He is our legal, tax deductible child? Why do we need a judge to declare us guardians?
Asked on January 5, 2012 under Insurance Law, Pennsylvania
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Since your son is a minor, he cannot represent himself in a legal matter. Therefore, you will need to represent his interest and act on his behalf. In order to do that, you will need to be appointed guardian ad litem. The court will appoint you guardian ad litem. The insurance company might have the documents you will need to complete in order to be appointed guardian ad litem by the court. As guardian ad litem, you will be able to sign legal documents in this matter on behalf of your son and represent his interests.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.