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Guardianship
Can I appoint my sister as guardian of my son and property in Guam?

Can I appoint my sister as guardian of my son and property in Guam?

Full question:

I am a single mother suffering from cancer. I live in Guam with my son who is 10 months old. I own a property near Ritidian Point Beach. Is it possible to appoint my sister as the guardian of my son and my property upon my death?

Category: Guardianship
Date: 04/07/2025
State: National

Answer:

Yes, in Guam, you can appoint a guardian for your child and your property through a will or a deed. According to Guam Code Annotated § 9106, a parent may designate a guardian to take effect upon their death. This applies to legitimate children if both parents consent, or if one parent is deceased or unable to consent. For illegitimate children, the mother can appoint a guardian.

Additionally, you can appoint a guardian specifically for the property your child may inherit from you. Therefore, you may appoint your sister as the guardian of both your son and your property, and this will take effect upon your death under Guam law.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How does guardianship work in NM?

In New Mexico, guardianship is a legal relationship established by the court where a guardian is appointed to care for a minor or an incapacitated adult. The process typically requires filing a petition in court, notifying interested parties, and attending a hearing. The court will evaluate the best interests of the person needing a guardian. Guardians have the authority to make decisions about personal care, education, and health, but they must act in the best interest of the ward. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

What are the downsides of guardianship?

Some downsides of guardianship include the loss of autonomy for the ward, as the guardian makes decisions on their behalf. It can also be a lengthy and costly legal process to establish guardianship. Additionally, guardians may face scrutiny regarding their decisions and financial management. If a guardian is not acting in the best interest of the ward, it can lead to legal challenges. It's essential to consider these factors before pursuing guardianship. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

How long does it take to apply for legal guardianship?

The time it takes to apply for legal guardianship can vary based on the jurisdiction and the complexity of the case. Generally, the process may take several weeks to a few months. This includes filing the necessary paperwork, notifying interested parties, and scheduling a court hearing. Delays can occur if there are disputes or if additional information is required. It is advisable to consult with an attorney to understand the specific timelines in your area. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

How can a guardian be appointed?

A guardian can be appointed through a legal process that typically involves filing a petition in court. The petitioner must provide evidence that the individual needing a guardian is unable to make decisions for themselves. After filing, a court hearing is scheduled where interested parties can present their views. The court will assess the situation and determine if appointing a guardian is in the best interest of the individual. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

How fast can you get legal guardianship?

The speed at which you can obtain legal guardianship depends on several factors, including the court's schedule and the complexity of the case. In some situations, it may take a few weeks to a few months to finalize guardianship. Factors such as the need for evaluations, the presence of disputes, or additional hearings can extend the timeline. It's advisable to work with an attorney to navigate the process efficiently. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.