If you have been nominated as the guardian for someone’s minor child and that person passes away, you will become the minor child’s temporary guardian. Soon after the parent’s passing (usually within 30 days) you must file a Petition for Confirmation of Appointment by Guardian with the local court having jurisdiction where the parent last lived.
The Uniform Probate Code does not specify the contents of the petition. but the Uniform Laws Commission recommends that you include all the below details:
- A copy of the appointing instrument
- Name and address of the minor
- Identity and whereabouts of all persons having parental rights or serving as guardian
- The petitioner (your) name and address
- Your relationship to the parent and child
- Details about your interest in the appointment
- A statement expressing your willingness to serve
- Information about any custody orders
- Limitations the appointing parent has placed on the powers of the appointed guardian
- The powers to be given to the guardian, and if an unlimited guardianship, a statement why a limited guardianship would not work
- Reasons why the appointment should be confirmed
- A death certificate of the parent or (if applicable) an order of adjudication of incapacity or written statement from the physician who examined the appointing parent that the parent is no longer able to care for the minor child
This checklist gives you a general sense of what may be required in completing your Petition for Confirmation of Appointment by Guardian. You should check the website or state statutes of the nominating parent’s state of residence to confirm whether that state has a formal petition or different requirements. New York is one such state that has Guardianship Forms specific to New York.
If you are acting under an appointment made by a will, guardian nomination, or other estate plan document created on Just In Case Estates and would like assistance identifying the requirements of your state, our support team will be happy to assist.