My parents are wanting me to appoint them guardians of my daughter so that she can be put on their insurance. I'm very nervous about doing this. Isn't that like giving your child away? I'm unsure. When appointing someone a guardian what does that really mean? If anyone can give me some info and/or some websites that can explain it to me it would be a great help. I don't know if the state you live in makes a difference but I live in Missouri.
2007-11-30 06:30:23 · 19 answers · asked by Renee W 3 in Politics & Government ➔ Law & Ethics
i thought it ment like if you get sick or something or your child gets sick and you can't pick the child up tehy would have them you should look it up on google
2007-11-30 06:35:02 · answer #1 · answered by Anonymous · 0⤊ 2⤋
http://www.mobar.org/16f9d7f8-dd52-44f3-89e7-32de079a8d66.aspx
Excerpt:
Guardians and Conservators Under Missouri Law
What is a Guardian?
A guardian is a person who has been appointed by a court (usually the probate division of the circuit court) to have the care and custody of a minor or of an adult person who has been legally determined to be incapacitated.
Basically my interpretation of this is that your parents would then be able to make any and all decisions regarding your daughters education, health care, emergency medical care, and anything else you can imagine. They would be able to remove her from your custody and they would be able to limit your access to her.
How is your relationship with your parents? Could they be using this as an excuse to trick you into giving up custody?
I would be VEEERRRRY careful with this. Probably consulting real legal help would be the best. I would also suggest that your parents putting her on their insurance as her guardians would be insurance fraud because she is not in their care, so that would suggest to me that this is a trick on their part.
Good luck.
2007-11-30 06:41:37 · answer #2 · answered by pandora7269 1 · 1⤊ 1⤋
As an retired Social Worker my understanding of appointing some one guarding, would be the case if you the parent were not able to care for your child. I think to put your child just on their insurance is illegal. It would be called fraud. If thats is the case that the only thing that is wrong with your parenting that you do not have adequatley child insurance. than I advice you go to your local social services. Here depending on which state you live in, and what your income is you could sign your child up with the program that is called CHIP. = Child health insurance program. it is for low income families and their children. I know now that there is certain cutt off times that you can sign your child up for. I would not give guarding to your parents. Cause that is not a proper reason. Good luck hope that is helping you. If you have any more questions please email me AngelikaBertrand@msn.com subject guardina.
2007-11-30 06:44:01 · answer #3 · answered by angelikabertrand64 5 · 0⤊ 1⤋
I wouldn't do it ..... guardianship means custody and u r basically giving up all your rights.... if u need insurance that bad try applying for state help..... please dint do it regardless of the situation u r in .... some states are different so different laws apply its not worth losing ur child over>>>> also if u do decide to do it make sure they sign a contract agreeing that whenever u want the guardianship back that u will automatically get it and that even tho they have the guardianship u still make all the important decisions in this child's life and in that case a decisions.
2007-11-30 06:37:16 · answer #4 · answered by La Gringa 2 · 1⤊ 1⤋
Guardianship is not done by appointment or power of attorney; it requires court action to appoint a guardian and court action to remove one.
If you're signing an "in loco parentis" power of attorney, you're basically appointing them to take any parental action you could take -- while retaining those rights for yourself. You could also revoke such a power of attorney at any time.
Perhaps you could have an attorney in your state draw up a special power of attorney granting your parents authority to take actions "in loco parentis," to include child care, authorizing medical procedures, etc. If you can get the phrase "de facto guardian" thrown in there, that may be all the insurance folks need.
2007-11-30 06:38:00 · answer #5 · answered by Anonymous · 0⤊ 1⤋
You do NOT lose your parental rights. You are simply giving your parents the right to act on your behalf if you are not around. I know this because I am the guardian of my nephew. If it makes you feel better, specify this when you go in front of the judge and write it on any papers that you sign in regards to this. You can ask the judge whatever you want about this at your court date and if you are not comfortable with it, you do not have to have the judge file the papers.
2007-11-30 06:42:16 · answer #6 · answered by Anonymous · 1⤊ 1⤋
You don't lose any rights. It just gives your parents permission to act in your absence. You can also put an end date on the guardianship.
When you join the military you can't have a child in custody. You need to turn over custody so someone else can care for the child's needs. You still have all your rights. Put an end date on the paperwork.
2007-11-30 06:45:50 · answer #7 · answered by Anonymous · 0⤊ 1⤋
I wouldn't recommend it, especially if your relationship isn't great. By allowing them to become guardians, the court will view you as admitting you are unable to care for your child. Explaining that you simple wanted to slip thru an insurance loophole won't look great either.
If your employer doesn't offer medical insurance, get your child on state medicaid. That way you don't have to give up any of your parental rights just to get your daughter medical care.
2007-11-30 06:36:40 · answer #8 · answered by Anonymous · 2⤊ 2⤋
Do you mean a guardian in case you died? Or do you mean a legal guardian? You must mean the second or they wouldn't be able to put your daughter on their insurance. I think you should be nervous about it. Tell your parents that you can get your own insurance.
2007-11-30 06:34:45 · answer #9 · answered by misty_dawn1100 3 · 1⤊ 3⤋
i could particularly seek for suggestion from a lawyer. you could circulate on your community courtroom domicile and talk to somebody on the family contributors regulation Facilitator's workplace for unfastened, they have attorneys there and are acquainted with criminal subjects. i think of that signing over guardianship supplies away your rights yet i'm undecided. Please seek for criminal help in the previous you sign papers your undecided approximately.
2016-10-18 10:04:23 · answer #10 · answered by Erika 4 · 0⤊ 0⤋
missouri is like nebraska if you sign over the gardian thing then your basically signing your daughter over to them and you lose all parental rights basically...contact a local lawyer in family law and ask to just speak to a ;lawyer and i bet they'd even tell ya not to do it unles you want to lose your rights too...i'd be wondering why your parents are asking you to do that and ask them if they want you out of your daughters life or something...be very wary on that and i am not kidding hun!!
2007-11-30 06:51:32 · answer #11 · answered by Anonymous · 0⤊ 1⤋