How to appoint a guardian for minor children if something happens to both parents ?

I have been receiving queries from many people about securing the future of their minor children in these uncertain times. First of all I pray nothing happens to you and you have a long healthy meaningful life.

What should you do if something happens to both of you and children are left alone ?

Your parents are too old, or your sibling is not financially independent ?

Make a WILL appointing a Guardian in whose care and custody the children can be secured in after your passing away. (procedure of WILL has been explained in other blog posts.). A guardian cannot squander away the properties of the child, there are checks and balances. For example Only a maximum lease of 5 year can be given on property through permission of court, he cannot sell or gift the properties of minor. The court is the parens Patria and verifies whether a transaction would be for benefit of the Minor children or not.

An Adoption deed is not a good idea unless ofcourse you are terminally ill and are seeing that the end is inevitable and near. In adoption the adoptive parents get immediate custody, care of the child. The properties inherited by child before adoption from birth parents cannot be squandered away by adoptive parents as there are certain checks and balance provided by the state. Yes, the adopted child will inherit the properties equally from the adoptive parents also along with their other dependants.

In Pandemic times the Form of guardianship appointment at the DC office will not be available due to the unprecedented catastrophe and negligible public dealing.

If the person you appoint as a guardian doesn't consent to guardianship, in that case the court will ask the next available kin, child care agencies (CARA).

For further queries leave a comment.

you can support the work by sharing it with your peers.

https://youtu.be/SHxhiKMuAng

Video on the same issue is here.

Comments

Dharma in 2020 : uniform civil code, CPC, CrPC,

( In picture, you see progress in digitisation of court hearings and filings - an urgent need in covid times. ) A civil suit related to property matters can take anywhere between 46 years to 100 years from subordinate courts to Supreme Courts. The fault lies in lofty procedures of civil and criminal procedure codes. - archaic forms of serving summons, sign of judge mandatory on summons - adjournments on notice, summons, etc. - sign of judge mandatory in supplying copy of documents, orders etc for copying section. - execution etc. Suggestions :- A) Copying section - officer / clerk of copying section should be the competent authority to supply certified copies and the same should he done mandatorily within 2 working days. B) Procedure of serving summons/ notice - should be simultaneous instead of consecutive. Electronic summons - email whatsapp courier proclamation publication should be allowed to be done on first hearing itself. There should not be adjournm...

Is it legal for Army to deduct maintenance for wife children directly from Officer's pay ?? ORIGINALLY POSTED ON 08.08.2020. 2021 update

First published on 23.08.2021 Updated 21.05.2021 Can the Army authorities legally sustain the imposition of maintenance amount to estranged wives on officer ? Ignorance of law is no excuse : Did you know some of the Army orders are bereft of statutory sanctity and thereby illegal ? Often the wrongs in the forces are perpetuated by AI, AO, policy Letters, letters. Essentially, in this legal proposition, Army Act has been referred to but parallels can be drawn for Navy & AF alike. Most Officers are stabbed in t...

Active Euthanasia/ Medical Will / Advance Medical Directive - Covid 19, Mucormycosis, Cancer, auto immune disorders

The pandemic has shaken all of us to the very core and challenged our core belief. In this write up, I have taken concluding excerpts from Constitution Bench Judgment of The Hon’ble Supreme Court in 2018. Personally, I feel both Active and Passive Euthanasia should be allowed in India and patients should have the right to decide whether they should terminate their life ( Covid 19 / mucormycosis/ cancer/ auto immune disorders …. Etc ). The latest refusal disallowing writ petition of an 81 year old widower suffering from incurable, irreversible rhuematic and other medical issues for active euthanasia, in my humble opinion is nothing but a prolongation of his insufferable pain. At the outset, I declare that suicide is illegal, unlawful and an act of Cowardice. I do not support suicide as life is a miracle in motion. Respect it. I am in favour of assisted medical active euthanasia under supervision of medical practitioner. There should be dignity in death. ...

Gauri Neo Rampal

Search This Blog