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.

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https://youtu.be/SHxhiKMuAng

Video on the same issue is here.

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