Posted by 101livescan on 8/18/08 8:08pm
Msg #260516

URGENT~Notarizing a Consent of Legal Guardianship

Just received a call to notarize a Consent of Legal Guardianship. A lady who is dying of cancer has a 15-year old son and is consenting for her best friend to be legal guardian for her son at her death.

Hard one, huh! I have an appt in 30 minutes....she has all her other legal papers in order as to will, etc. just this one little detail about her son.

Any one else done one of these in CA?

Reply by John_NorCal on 8/18/08 8:24pm
Msg #260520

Just follow your normal notary guidelines and you'll be ok. Don't render any opinion of the document, just follow your procedures. That's a tough call on the signors part, just makes it more important that advance planning be done by all.

Reply by jba/fl on 8/19/08 1:23am
Msg #260553

Hear, Hear!

"...just makes it more important that advance planning be done by all."

We have a tornado watch now and a hurricane coming and I wonder how many people who could be affected adversely have done their planning...

Don't leave it to the family to make difficult decisions---make them for them so they are following YOUR directive. Easily downloaded are Living Wills, and some states do not require them to be notorized. Nice touch though I suppose.

My son hates discussing this with me; I make adjustments periodically as my reasoning shifts.

Reply by CaliNotary on 8/18/08 9:39pm
Msg #260536

"Hard one, huh!"

There is no such thing as a hard one when it comes to notarizing documents. Obviously we're not expected to know what should or shouldn't be in a Consent of Legal Guardianship. All we do is verify the identity of the person signing, the rest of it is none of our business.

Reply by Maureen_nh on 8/18/08 10:33pm
Msg #260544

Cheryl, knowing you, it is easy to see why you are concerned. You want the lady's wishes to be followed.
If this person is a fit guardian, the mothers wishes will be taken into account by the court who has final jouristiction..
If she lives beyond his 16th birthday, in most states, his wishes will be paramount as long as the guardian is fit.
Hopefully, and I am praying for her, she will survive. My worst nightmare when my kids were young was that something would happen to me and I couldn't see them grow up.

Other than that, the advice you were given is right on--just do your job.

Reply by 101livescan on 8/19/08 12:12am
Msg #260551

Marlene, as you know I've worked as a paralegal for estate planning and probate attorneys, sometimes knowing what you know is a downfall in this business. Thank you all for your responses, the lady is very high profile, not yet 40, her son adores his mother, the daughter is just 18. This lady comes from a long line of celebrities and her last husband is a highly renown sports figure. Money can't buy everything that's for sure. Such an upbeat funny and lovely person. I would never have guessed she is so ill and what her circumstances are. The form was one her friend pulled off the internet, which always causes me to tremble, but I did my part for them. I think they will be fine, and it won't likely be contested as the lady is sole custodial parent for the young man. Her best friend from High School is the guardian and they are extremely close. Her friend broke down when she told me what she needed. What an angel, she and her husband will oversee the boy.